Process service also referred to as process serving, is the legal procedure used by the court to notify all the people involved in a lawsuit about the legal action leveled against them in an administrative court or a court of law. The notification helps to inform the parties involved about the venue of the court hearing, the deadline for responding to any petition, and the claims made by the other parties. The documents containing all the relevant information are usually hand-delivered by a process server. The job of a Process server in Sacramento County involves ensuring that the documents are delivered promptly to the company, individual, or organization concerned. The documents served by a process server usually originate from either a pre-action protocol or a court.
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Who Is A Process Server
A process server is an agent hired to serve court documents and legal notices directly to the respondent or their legal representative. Process servers deliver a vast range of documents, and each of these documents is guided by a set of rules stated in the provincial law. Also, each type of document must be delivered in accordance with the required mode of delivery stated by the court.
A process server works relentlessly and efficiently to guarantee that documents are properly handled and delivered. They take necessary steps based on the type of documents handled.
Here are some of the tasks a process server does to complete the serving;
- Collate relevant data needed to locate the address of the respondent or recipient.
- Abide by the specific guidelines to
ensure the documents are valid.
- Fast track the process of serving
- Track the progress of the case and give back to their clients.
- Involve the police when necessary
Qualities Of A Professional Process Server
A process server can make or break a court case; therefore, it’s important to hire a professional process server to adequately get all the job done correctly. Make an effort to choose a process server that’s reliable and efficient.
Here are some of the qualities to look out for in a process server.
Patience
A good process server understands that patience is necessary for their line of work. Sometimes, the respondent that should be served might give the wrong address to make the case difficult. In situations like this, it takes more time, effort, and funds to locate the other party. A good process server understands that it costs more to keep going to the wrong address; hence, they find out about the favorite spot of the respondent and patiently wait for the respondent in that location.
Resourcefulness
A resourceful process server can easily readjust to relevant factors such as mode of presentation, location, and identity when serving documents. For instance, if the respondent or defendant is evasive, a good process server will take on the responsibility of a delivery person and arrange for delivery to the defendant during a legitimate event such as an anniversary party or birthday party.
In a case where the process server who took up the role of a delivery person isn’t allowed on the premises of the party, the process server is authorized to make quick adjustments such as pretending that the delivery needs to be done professionally. The “delivery person” could be a pizza guy, birthday custom person, florist, or more. Taking any of these roles will allow the process server to come in face-to-face contact with the respondent before making the service.
Industriousness
Process serving is not a white-collar job that requires resumption in the morning and closing in the evening. The job requires long hours at work to meet with the defendant at a stipulated time. A hard-working process server will do anything within its power to effectively offer top-notch services.
Experience
Experience is one of the top-quality to consider in a process server. Ensure that your potential process server has quality years of experience in offering outstanding services. An experienced process server will be familiar with several tactics for serving court notification effectively. They’ll also have a high success rate to indicate that their services skills have been sharpened over the years. One important way to find out about the experience of the process server is to visit their website to read about the agent or even check the reviews of past clients to note the success rate of a potential process server.
What Type Of Documents Can A Process Server Handle
Here are some of the documents a process server can serve to a defendant;
- Bankruptcy Petitions
- Divorce papers
- Statutory demands
- Summons, writs, and claim forms,
- Court orders
- Child arrangements Order
- Non-molestation orders
- Witness summons
- Section 21 Notices and Break Notices
- Prohibited Steps Order
- Subpoena
Method of Services
In Sacramento County, California, process servers use various means to serve defendants. Here are some of the commonly used methods of service
Personal Service
Personal service allows the process server to deliver the services documents personally to the defendant. If the person fails to accept the service document, it can be left at the person’s feet. It is deemed legitimate personal service once the defendant’s identity is verified before leaving the documents by their feet or handing the documents over by hand.
Substituted service
Substituted service is used in place of personal service; it permits the process server to leave the relevant documents with another person within the premises of the defendant. This method is particularly suitable for individuals who are deliberately avoiding the service documents or for a person who traveled to attend to some personal business.
In Sacramento County, California, the process server is allowed to use their discretion when leaving the service documents with a cohabiting teenager or a responsible adult. Also, the process server in Sacramento County, California, is allowed to mail service documents to the defendant. However, substituted service is only permitted when a process server can prove that all effort has been made to deliver the documents personally. They may need to document all their efforts.