Reasons a Process Server in Orlando Matters
Hiring a process server is essential in guaranteeing a legal matter is heard by the court. Process servers provide defendants with information about a pending lawsuit asserted against them. Process servers are necessary because they help uphold the due process of law. Discover more about what a process server is liable for, when you need to hire an experienced process server, and why they are crucial.
What is Due Process?
The U.S. Constitution mandates that no person be deprived of life, liberty, or belongings without due process of the law. Under due process, the process server protects the defendant's rights by providing them with notice of a lawsuit or legal proceeding filed against them. Initially, a county sheriff served legal papers to defendants. As city populations grew, people used process servers to ease the demand of guaranteeing documents were served promptly. Proper service of process establishes jurisdiction over the defendant. Once a party is served correctly, they must appear in court. If the defendant is adequately served and is aware that they are required to come to court but fails to do so, the complainant can request a default ruling against the defendant.
What Process Servers Are Responsible For
A process server is needed to deliver a combination of legal documents to a lawsuit party. This includes writs, subpoenas, documents, formal complaints, and a summons to appear in court. In addition, a process server can assist you in tracking down a defendant to deliver the service of process. Although most states mandate neutral third parties over 18 years old to serve court papers, litigants often employ process servers.
Once a complaint is filed, the complainant must personally serve it to the defendant. However, there are limited circumstances where substituted service of process may be permitted, including service by publication.
Serving Process vs. Serving of Subsequent Documents
Process servers must distinguish service of process from service of subsequent documents. Service of process deals with supplying a party with notice that a legal proceeding or suit has been filed against them. The service of subsequent documents, like motion papers or discovery between parties, happens during the proceeding. However, depending on the kind of request being filed, for instance, a subpoena of business records, the court may direct a process server to personally serve the documents to the defendant. Review your local court practices to learn more about party notification requirements.
Should I Hire a Process Server?
Yes. Hiring a registered process server helps deliver your legal documents to the opposing party. A registered process server learns and understands the complicated laws of process-serving. Teaming up with a qualified process server helps you save time and money by dodging standard service of process surprises. Finally, a process server enables you to track down a "difficult to find" individual or someone who tries to avoid service altogether.
Once a complaint is filed in court, the complainant will have a specified period to serve the court summons to the defendant. If the complainant cannot serve the defendant within that time frame, the plaintiff will have to refile their complaint and start the process again. A protest will not proceed unless proof is supplied to the court that the defendant has obtained proper notice. This provokes the plaintiff to serve the defendant quickly. Hiring a registered process server helps guarantee the defendant gets the court summons and complaint promptly.
In addition to the initial personal service provision, defendants must respond to subsequent legal documents filed on each party within a specified period. A process server in Orlando is often employed to guarantee subsequent legal documents are served promptly.