What is legal service of process?
Service of process is when legal documents like summons, complaints, subpoenas, order to show cause, writs, and other court documents are delivered to the individual to whom the legal document is directed. There are a number of ways in which this can be achieved.
What does a process server do?
A legal process server delivers (or serves) legal documents like writs, summons, subpoenas, complaints, and other court documents to a defendant or an individual involved in a court case. The process server must serve the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business. Once the documents are delivered, the process serving agent must provide proof that the papers were served. This is done through a document called an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service.
Do I need a process server?
Hiring a legal process server is an important step in proceeding with a court case. In Virginia, the person who performs service of process is required to obey the laws, so if your service is to be made in one of these areas, you will need a good process server. Process servers have the skills and experience to serve them in accordance with the local and state process serving laws.
There are several requirements and constraints associated with the rules of service of process. For example, in some states, you cannot serve on Sundays or holidays. Some places do not allow papers to be served by someone who is involved in the case or legal proceeding.
If a service is not done in accordance with these rules, this can hinder your case from going forward, or result in the dismissal of your case. Improper service also delays the obtainment of evidence, which can cause injunctions, court fees, and attorney's fees.
What if the person is evasive?
In Virginia, a "substitute service" is acceptable. This is when someone other than the defendant is served. This should be done only as of the last resort and shown as part of the due diligence. Federal Legal documents are to be served on the Individual/Entity or Business that needs to be served.
What if they don't accept the papers?
In most cases, they do not have to accept service in order for it to be considered effective. You may just have to leave them at their feet and walk away. However, the person or legal agency that is requesting the server will inform you in the matter that they want you to serve their legal documents.
What is an Affidavit of Service and a Proof of Service?
An Affidavit of Service also called a Proof of Service is a signed document provided to your legal process server upon completion of serving your documents. Proof of service states where and who was served.
