Introduction
The legal world can make lives of people go all topsy-turvy. From summoning on papers to the court, planning legal proceedings, guaranteeing that the defendant is notified and kept in the loop, all these tasks are nerve–wracking. You need someone who holds the money with a strong hand. A process server is the person you are looking for. So for the following blog, we shall explore the roles and responsibilities of this unsung hero of legalities.
Who is a process server? An overview
A process server is a professional, trained and authorized person to perform “services of process” for the court system, with critical responsibilities of rendering legal documents to those who are being sued or served. In addition to this, the legal steward is also responsible for the following:
- Presenting legal documents for those being sued or served.
- Providing legal assistance to people who are involved in the lawsuits.
In case you are looking for a process server for any of your lawsuits or struggling with any legal matters, feel free to connect with Countryside Process. We have the best legal marshal that can help you with the proceedings.
Importance of a process server in the legal system
As the name suggests, a process server has a crucial role within the legal system. Here is what they are adept in doing:
- They ensure the due process of law
- Ensure all legal documents are delivered to the right individuals, they safeguard the rights of the defendants.
- Without their meticulous work in providing notice of legal actions, justice could have been undermined. Therefore, they propel the pace of the case jurisdiction.
- A process server facilitates the process of efficient legal proceedings by enabling courts to proceed with confidence.
There are generally two or more than two parties involved in the case proceedings. A process server ensures that all the parties are involved, posts about the documents, and the date when they need to be present.
Key roles of a process server
In this section of the article, we shall explore all the responsibilities, roles delegated by a process server.
- Serving the legal documents
Now that we have discussed all about the legal documents and their prevalence, it is important we also discuss the type of legal documents that the process server serves: these include:
- Summonses
- Complaints
- Subpoenas and
- Other legal notifications.
- Utilizing substituted service
There are cases when direct service is not possible. California Law allows process in certain cases where there is an intent of avoiding service. This method involves leaving the documents with another adult or senior member.
It should be noted that one should take resort to this method when the direct service has failed and requires meticulous documentation, proving that all reasonable efforts were made, but in unfortunate circumstances, it was disruptive.
- Filing proof of service
Once all the documents are legally served and sent to their adequate designation, process servers must comply with a process “proof of service document”. The purpose of this form is to:
- Detail how, when, and where the documents were served.
- It helps the court as a record of service.
This step is important as it officially informs the court that the party has been notified about the legal action, helping the case to proceed smoothly. The office of a process server is underscored when there is poor magnitude of the proof of service.
- Assisting with legal research and skip tracing
As we know, justice is the right for all, irrespective of their background, unknown or any other factor, for matter. With that being said, a Process server assists in locating individuals who demand justice whether they have a background or not. The steps involve:
- Conducting legal research.
- Skip tracing
- Find people who are missing or have moved to a new address. (and help them seek justice)
- They are early seekers and can find people who are intentionally hiding from legal action.
- Safeguarding the rights of the defendants
Just the way guardian angels are protecting the earth from destruction, similarly, a process server is none less than that to their clients. With that being said, the legal marshal does the following to safeguard the client.
- Ensuring that individuals are notified of the legal proceedings (Under code sections 22350-22360)
- They help the defendants know to defend themselves throughout the legal process.
- Their wealth of experience and knowledge help them to navigate their clients through thick and thin situations.
- Special considerations and handling difficult situations
Generally, process servers prevent any dreadful situation that can delay justice. However, here are certain scenarios when behemoth breaks down:
- Hostile recipients- a process server, during their service time, encounters individuals who are uncooperative or hostile while receiving legal documents. They demonstrate an extreme sense of professionalism while delivering papers.
- Evasive individuals, there may be certain cases wherein some people have been face to face with the evading process. However, the tips and tactics used by process servers enable all hard-to-find individuals to be found and justice to be served.
- Concerns related to confidentiality, Process servers, as we know, are exceptional in what they do. The process serves to look for the right time, situation, and send the notice accordingly.
- Language barriers: Just like any other flaw, the inability to know English is not a concern any longer. The process servers at Countryside process will decode specific strategies for you that will ensure effective communication during the delivery process.
- Time constraints: legal deadlines can be strict, this pushes the process server to finish and serve the documents within a specified timeframe.
- Knowledge of all legal procedures: All our process servers know all the legal ins and outs. This ensures there are no loopholes or defects in the process.
Conclusion
In sum, a process server is nothing less than an angel guardian, who is all there to help you out from travelogue situations. If you are in a thick legal situation and howling amidst an ocean of problems, you can always connect with us as our professionals are here to help.
