Can A Process Server Deliver Documents Any Day Of The Week?

When people are embroiled in a legal battle, there is a high chance that they may need to inform the other party that is being sued. The law allows such a party to be notified of the suit against them through a process server. A process server in Sacramento County is an integral part of any legal case, whether a divorce or other civil litigation case. Their job is to locate the other party being sued and serve them the appropriate court papers.

If you are suing anyone, your chances of initiating the case begin after the other party has been duly notified. For many people who want their cases to start as soon as possible, knowing the working hours of their process server gives an idea of how fast they may be able to serve the other party. If you wonder whether your process server will be able to deliver the court documents any day of the week, the answer is yes. However, you need to understand some important things.

Can A Process Server Deliver Documents On Weekends?

Yes. A process server can work on weekends to deliver court documents to the recipient, especially if the recipient is unavailable throughout the week. Most process servers work on all days of the week, including Saturdays and Sundays, tracking down their targets and delivering necessary documents. If you are working with a private process server, there is a higher chance that they may work on weekends to clear pending deliveries.

Can A Process Server Deliver Documents On Holidays?

Similar to weekends, process servers are not affected by the holidays. Holiday periods hold a higher guarantee that they’ll meet the document recipient at home. Process servers may choose any time of the day, including mornings, afternoons, and evenings to deliver court papers to the recipient at their homes.

However, most process servers may avoid taking on new jobs during the holidays to reduce the time spent on the road. They may address all pending deliveries during this time. So, if you have any court documents to deliver, you can rest assured that national holidays like Christmas, New Year, President’s Day, and Fourth of July do not impact process servers.

What Can A Process Server Do To Serve Papers?

Getting served a divorce paper or any other civil litigation paper can be irritating. However, process servers do not care much about how you feel. Their job is to deliver specific court documents and ensure that you sign for them. If you are on the initiating end, you most likely want to know what your process server can do and the extent they can go to ensure that the other party is served.

Keep in mind that specific rules and state laws guide the actions of process servers, most notably because a process server in your state may have more or less liberty to operate. However, generally speaking, a process server can do everything legally in their capacity to find the recipient and make sure that they get the appropriate court papers.

The Basic Rules For Service Of Process

In some states, the service of process must be completed by the Sheriff overseeing the county wherein the defendant is located. However, some people may hire private process servers to hasten the delivery. Each state has a list of designated process servers that have been accredited and vetted to deliver this service. Each process server is expected to have been certified and appointed by the County Sheriff to carry out the duty.

Process servers have specific ways they carry out their jobs. Most of them choose the traditional way of delivering hard copies of legal documents to the defendant. However, they may leave copies of the court document with any resident above 15 years in some cases.

The designated recipient must be made aware that they have been served. So, the process server may contact the defendant’s employer in hopes of serving the defendant at work. The defendant’s employer is expected to comply with this request or face a fine in such cases. If the defendant owns the business, they may serve such a person at their business.

Other Rules For Process Servers

Depending on the state, process servers may not work on Sundays. In states where Sundays are prohibited, attempting to serve the defendant becomes null and void. In the case of defendants that live out of state, the process server is expected to familiarize themselves with the rules of the defendant’s state and follow them to the letter.

What Happens When The Defendant Cannot Be Found?

Sometimes, process servers hit a dead end; they may not locate the defendant. For such cases, the process server can file an Affidavit of Diligent Search and Inquiry. This filing proves that they have carried out all of the necessary search and investigation but still cannot locate the defendant.

Before a case can qualify for such filing, the process server will be required to provide the defendant’s last known address and other information regarding their multiple attempts to locate and reach the defendant. It is important to note that the requirements of this filing are strict and aimed at discouraging shady practices among process servers.

The court will also require that the process server verify that they have attempted to locate the defendant multiple times. Some of the information that will be required include;

●Attestation that the process server has checked

●Local hospitals

●Tax offices

●Department of corrections

●Department of motor vehicles

●Utility companies

●Criminal records, and

●Telephone listings

Suppose the process server has checked all of these information sources and has ended up with a dead end. In that case, you can collate search evidence to file for the Affidavit of Diligent Search and Inquiry, which allows for service by publication or constructive service. At the end of the filing, a newspaper publication may be made, and the case may continue as is.