The Essentials of Services – The Basics
The procedure that is followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party is known as legal process service. The other party can either be a defendant, administrative body or a court. Exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal is the main aim of serving the legal process. 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 serving of these process need to be done personally to the individual but in situation where they are not available, the process can be served to another person who is of a suitable age either at the residence, place of employment or business of the person. 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 is a key requirement once the process has been served. Agents may in some cases be served with 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.
Proper legal process service should identify the personal jurisdiction of the given court 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. The legal process service is usually done by a court official who can either be a sheriff, constable, marshal or a bailiff. There maybe private legal process servers who require to be licensed by the responsible regulatory body.
Substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server are some of the ways through which processes are served. 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.