To understand what a process server is, it’s important to first understand legal process.
When a person becomes involved in a case, the court will issue a summons, subpoena, complaint, or other document notifying them or dictating their obligation. These documents are known as legal process (or, more often, just “process”), and their delivery is “service of process.” This is where process servers come in...In civil cases—when a sheriff is not needed to serve a warrant, for instance—process can be served by certified, sheriff-appointed, or otherwise authorized individuals (depending on the jurisdiction) known as process servers.
To serve process in a valid manner, process servers must adhere to strict rules governing when, where, and how process can be served. For example, in some jurisdictions, process cannot be served on Sunday or a holiday. Additionally, what qualifies as valid service of process may differ by jurisdiction; in most jurisdictions, process may simply be dropped at the party’s feet if they refuse to accept it, but there is a point at which courts will deem an attempt at service of process insufficient. If the rules surrounding service of process are not followed, the process server risks delaying the case or even having it thrown out.
After serving process, a process server must provide evidence that the legal papers were actually delivered. This evidence is called an affidavit of service, or proof of service, and is a crucial notarized document. As with the rules that guide physically delivering process, if an affidavit of service is created or filed incorrectly, the case in question may be challenged or dismissed. With so many restrictions placed on service of process—and with court and attorney’s fees, as well as the case itself, at stake—it’s no wonder why organizations and individuals turn to professional process servers.
Some process servers offer more than simple delivery of papers. 360 Legal supports organizations throughout the course of serving process, including not just preparing documents but ensuring compliance with local, state, and federal law, as well as the unique regulations of different industries. To make service of process as efficient as possible, we utilize advanced technology that facilitates submitting service requests, monitoring costs, generating reports, and more. Additionally, we’re able to represent clients at live and online foreclosure sales, verify occupancy and produce property condition reports, and locate parties with our proprietary location technology. If you need papers served, you need a dependable process server that goes above and beyond—place your trust in 360 Legal.
To learn more about 360 Legal's Service of Process, click Tell me more about 360 Legal's Process Server Capabilities.