United States law states that if any actions are taken against someone in a court of law, he or she must be notified of such actions. This notification is called “process serving,” which is a key element of the due process of law.
“Process service” is the way people are informed of legal actions against them. Typically, a professional process server locates people of whom legal actions are taken and hand delivers court documents to them. Recipients of such documents, therefore, are considered appropriately informed of the legal actions against them.
A process server may deliver, depending on the nature of the court case:
- Subpoenas
- Summons
- Complaints
- Order to show cause
- Writs
Each state has its own laws and rules regarding process serving. VIP Divorce Discovery’s process servers must follow these laws and rules to deliver court documents legally. In most cases, a process server delivers documents by hand; however, when hand delivery is impossible, a “substituted service” may be an option. For example, the server may leave court documents with management personnel at someone’s place of business or residence, or leave the documents with an adult resident of someone’s home. If service cannot be accomplished in this manner, some states allow the court documents to be published in a newspaper or other publication. In these instances, the process server also sends a certified copy of the documents to the intended recipient through the U.S. mail.
Why is VIP Divorce Discovery’s process server significant?
The following are five reasons why you should use VIP Divorce Discovery for your process serving needs:
A VIP Divorce Discovery process server is an experienced local professional.
How long will it take to have my papers served?
VIP Divorce Discovery’s process servers can usually estimate turnaround time. Different process servers have different turnaround time, although most offer several levels of service.
For example, many process servers offer same-day service or rush service, in which a first attempt to serve occurs within 3 days. You can expect to pay more for these speedy services.
Most process servers offer routine service, which means an initial attempt to serve your documents occurs within 5 to 7 days after you have hired the server.
Where can a process server serve my documents to a defendant or target?
Each state has its own laws about how documents can be delivered and when and where a process server can approach a target. In some states, a process server can approach anyone at anytime in any place to serve documents.
In other states, stricter rules for process serving apply. For example, in Virginia and Florida you cannot serve someone who is traveling to or from a court, and you cannot serve someone in their home on a Sunday. Some states do not allow anyone to be served on holidays. Because laws vary from state to state and can be complex, it is important to hire a professional, local process server such as VIP Divorce Discovery – someone who understands the law and can make sure your documents are served legally.
What if the person needing to be served does not want to be served or is difficult to find?
If someone cannot be found, some courts will allow service via newspaper; publishing the service in a local newspaper, therefore, is considered sufficient service. However, for a court to approve such a measure, you may need to prove in court that you have made reasonable attempts to find the person who must be served. Working with a professional process server, such as VIP Divorce Discovery, is one way to prove reasonable attempt.
In some states, “substitute service” is possible, in which someone close to the defendant or target is served instead. However, this procedure is used only when all other options have been exhausted. This procedure must be included as part of the due diligence process. Since laws vary by state, it is important to hire a local professional process server who knows the legal options in your area.
What if the person needing to be served does not want to be served or is difficult to find?
In some states, “substitute service” is possible, in which someone close to the defendant or target is served instead. However, this procedure is used only when all other options have been exhausted. This procedure must be included as part of the due diligence process. Since laws vary by state, it is important to hire a local professional process server who knows the legal options in your area.
Will the process server file my papers with the court?
Yes. Many process servers offer document filing services as well as other support services that will help your legal case. Most servers charge an additional fee for these support services.
Do I really need to hire a process server?
If your documents will be delivered in a state that requires all process servers to be licensed, you must hire a process server to have a successful service. Even if a state does not require licensed process servers, many compelling reasons exist as to why you should hire a process server.
For example, process servers can deliver your documents in compliance with state and local process serving laws. If you entrust service to someone who inadvertently breaks a law during process service, your case could be dismissed or delayed. Incorrect process service can also mean higher legal costs and injunctions caused by delays in obtaining evidence for your case.
A legal process server ensures that your documents are delivered affordably, legally, and on time. Process service does not cost a great deal, especially at VIP Divorce Discovery, but can save you a great deal of legal hassle. A process server is a good investment to make if you are serious about your case.
Does the process server I hire need to be licensed?
Alaska, Arizona, California, Illinois, Montana, Nevada, Oklahoma, and Texas all require process servers to have a license. In addition, some states or localities require process servers to be registered in their state or county.
If you are hiring a process server in one of these states or locations, ensure that your process server is correctly licensed or registered. VIP Divorce Discovery has these important credentials and is ready to serve as your agent.
What is an Affidavit of Service (or a Proof of Service)?
An Affidavit of Service, or a Proof of Service, is a signed document that your process server gives you once your documents have been effectively served. This affidavit shows you who was served and when and where the service took place.
An Affidavit of Service is an important piece of evidence to prove to the court that your documents have been correctly served.
If an Affidavit of Service cannot be provided, you may need an Affidavit of Due Diligence from your VIP Divorce Discovery process server. This document will assert that the person to be served cannot be found, even though attempts have been made to locate the person.
Are VIP Divorce Discovery Process Services designed for you?
Anyone who needs a professional, legal process server can use VIP Divorce Discovery to secure qualified, local process servers. Many people can benefit from VIP Divorce Discovery’s professional process servers, including the general public, legal professionals, companies, government agencies, and collection companies.