How a Process Server Locates Their Mark
Process serving is a way to get legal documents into the possession of a specific person. This critical service requires much more than just dropping the papers off into a person's mailbox. There are strict requirements and guidelines that have to be followed, making it essential to use a process server. Our expert process server in Orlando offers the following information on process serving and finding their subject.
Document types that are commonly served.
Examples of the legal paperwork that process servers are required to serve includes:
- Housing notices.
- Statutory demands landlord and tenant lease break notices.
- Bankruptcy petitions.
- Injunction orders.
- Claims forms.
- Family and children's proceedings.
- Divorce petitions.
Process servers can be required to serve various types of documents under multiple requirements. With such a wide variety of situations, a process server must understand the complicated sets of rules required to be followed by the court system. Therefore, using a reputable process server is essential. In addition, remember to look for a process server with the right insurance and registered with the data protection office.
How a process server finds someone.
Reputable process servers must follow a series of steps to find and serve a person with legal documents. This process starts with carrying out their due diligence to make sure a subject lives at a particular address or can at least be contacted at the address? Once this step is carried out, the process server will visit the confirmed address and make an effort to serve the person in question with their legal process. You can do your part by providing the following information to your process server to help them locate and serve the subject with the legal paperwork:
- Times when they are most likely to be home.
- Vehicle details.
- Date of birth or age.
- Cell phone number.
- Work address.
- Photo or physical description.
- Vehicle tag number.
If a process server cannot locate a subject at the listed home address, they will next find any listed place of business or employment and go there to try and identify and serve the subject. In most cases, process servers are required to hand off paperwork to a subject legally or at least have a record of making the subject aware of the documents when they refuse to accept them. Suppose the nature of the papers is time-sensitive, then the subject must receive the legal paperwork within a specific time frame.
Once a process server has served the subject with the papers. They will provide either a sworn affidavit or a certificate of service that confirms the date and time they served the documents and other information that the court system requires. This information can include whether the subject made threats or was violent. The data is registered with the court before a hearing progresses to ensure that the process server correctly followed the service of process and a subject has been adequately served.
What happens if a process server cannot locate a subject?
If initial steps are closely followed, and the process server cannot find a subject to serve process, there are additional steps they can take to get legal paperwork to the subject. In addition, there are a few options available for substituted service. Process servers can only use these options if every step has been taken and all other attempts have been unsuccessful. Even then, some judges may not accept substituted service methods. However, you can be confident that the substituted service process is handled correctly when working with a professional process serving firm. Examples of substituted service options include:
Newspaper service- Newspaper service is not the most reliable system but is permitted in some situations. This system involves placing ads in local newspapers notifying the subject of document service. Your process server must know the local area of the subject to make sure they use the correct local newspaper.
Social media service-Social media service is the least commonly accepted service method. This method involves notice of service posted through social media sites, like Twitter or Facebook, where the intended recipient can view it. Proof of posting is required, and not all judges will accept it.