More About Legal Process Service
Legal process service is described as the procedure followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party. The party being serviced with the process can either be a defendant, administrative body or a court. The legal process service aims at exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal. To give the appropriate notice, it has to be accompanied by court documents which include summons and any other document that is related commonly referred to as process. The process are required to be served personally to the affected individual but there are cases where it can be done to another person who is of a suitable age either at the residence, place of employment or business of the person. The process servers are required to file a proof of service document that shows the time the service was done, the place, the person who received it as well as any other information needed. There are various agents who accepts the process from the process servers on behalf of the defendant such as when it is being served to corporations that work with the public in a given region.
A proper legal process service requires that the personal jurisdiction of the given court is established over the person who is being served. Where the individual after being served with the process ignores it including further pleadings or doesn’t attend the proceedings, the administrative body or the court will then find the person in default hence will award a relief to the petitioner, claimant or the plaintiff. Legal process are mainly served by court officials such as the sheriff, constable, marshal or a bailiff. The responsible bodies in a region may as well license private process servers as long as they meet the requirements set.
There is various manner of serving these legal process services which includes substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server. Substituted service is where the process server is allowed to leave the legal process service documents with another individual who is responsible if the individual being served is unavailable. Service by the use of the mail is used when the person is not present in the given state as long as the destination country has not filed any objection against service by the mail. Voluntary acceptance of the service is where the defendant will agree voluntarily of having received the petition or complaint without the engagement of a process server. A process server may serve the petition, summons or complaint directly to the defendant in a manner known as personal service by the process server.
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