Bulwark Legal Services is now offering process serving as one of our services. Process serving can be difficult and hard to understand so we’ve put together this blog to help explain the process.
What is Process Serving?
Process serving is the action of legal documents being served by one party, upon another party. By serving the party, you are notifying them of the information you will be presenting in court, and giving them the opportunity to respond.
There are specific rules that must be followed when serving court documents. These rules are found in The Rules of a Civil Procedure. The Rules outlines, which parties must serve the documents, how service should be made, how particular entities must be served, and timelines for service of documents.
Upon service of a legal document, an Affidavit of Service (proof of service) must be filed with the court. The Affidavit of Service must be signed by the person who served the document, and sworn by a commissioner for taking oaths.
What is a Process Server?
A process server is an individual who delivers legal documents to a party. The process server is responsible for making sure the legal documents are served properly, and the service is recognized by the courts.
Process serving is a lot more than delivering papers to known address. A process server needs to be equal parts messenger and investigator.
A good process server needs to be able to read people and analyze situations quickly and accurately, while ensuring the documents are properly served.
Why hire a Process Server?
Hiring a process server can be very beneficial to a party. Court can be intimidating, and sometimes individuals may try to evade service, making it hard to serve them.
Some people can react unpredictably when being served. Hiring a process server can eliminate an awkward or confrontational situation. The distance and time spent attempting to serve a party can make it inconvenient or impossible for a person to serve their own documents.
Can I recover costs of hiring a process server?
If a party is successful in their claim, they may be entitled to recover some costs of process serving. If you hired a process server, you must provide the court a detailed invoice or statement setting out the amounts paid to have the document served.
Every situation is different. If you’re unsure with how to proceed, getting advice from licensed paralegal is always an advantage. At Bulwark Legal Services we provide free consultations. Contact laura@bulwarklegal.com for more information about process serving. We will help you decide the right course of action to take.
