Service of Process
is when legal documents such as Summons
and Complaints,
Subpoenas, Orders
for Cause, Writs,
and other court documents are delivered to
the individual to whom the legal document
is directed.
A Legal Process Server
delivers(or serves) legal
documents to an individual involved in
some manner in a court case. The Process Server
must serve the documents in accordance with
the legislation in the area of service. This
usually means handling the document(s) to the
individual personally. Sometimes it may become
necessary to perform a Substitute Service. This
means serving another individual within the
same household or business. Once the documents
are delivered the Process Server must provide
Proof that the documents were served. This is
done through a document called an Affidavit
of Service, or more commonly known as
Proof
of Service.
Hiring a Certified Legal Process Server is
an important step in proceeding with a court
case. In many states, the person who performs
service of process is required by law to be
licensed or certified.
Even if a Process Server does not need to be
licensed or certified in the state where you
need service, you should keep in mind a Legal
Process Server is someone who is experienced
in serving legal documents efficiently. More
importantly, a Legal Process Server is knowledgeable
of the legislation surrounding service of process
in their state. Improper service can cause delays
in obtaining evidence, which can cause injunctions,
an increase in court fees and additional attorney
fees. If service is not performed in accordance
with the law, your case can be hindered from
going forward or result in the dismissal of
your case.


