Process Server Information
Process Serving Explained
Process Servers Resources
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Service Of Process Explained
Process Serving
Each jurisdiction has rules regarding the means of service of process. Typically, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's abode or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.
Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to litigation.
In past times in many countries, people didn't have the right to know that there were legal proceedings against them, and in some cases would only find out when magistrates showed up with the sheriff and seized their property, sometimes throwing them into debtor's prisons until their debts were paid. When the United States was founded, the Constitution said that everyone is entitled to due process of law, therefore the process server is "serving" the servee with their constitutional right to due process of the law.
In ancient times the service of a summons was considered a royal act that had serious consequences. It was a summons to come to the King's Court and to respond to the demand of a loyal subject. In ancient Persia, failure to respond to the King's summons meant a sentence of death. Today the penalty for ignoring a summons is usually a default money judgment that must be subsequently enforced.
Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure. In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998
Service on a defendant who resides in a country outside the jurisdiction of the Court must comply with special procedures prescribed under the Hague Service Convention, if the recipient's country is a signatory. Service on defendants in many South American countries and some other countries is effected through the Letter Rogatory process. Where a defendant's whereabouts are unknown, the Court may permit service by publication, usually in a newspaper.
Personal Service by Process Server
Personal service is service of process directly to the (or a) party named on the summons, complaint or petition. In most lawsuits, personal service is required to prove service. In most Anglo-American legal systems the service of process is effectuated by a process server who must be an adult and (in most jurisdictions) not a party to the litigation.
Some jurisdictions require or permit process to be served by a court official, such as a sheriff, marshal, constable or bailiff. There may be licensing requirements for private process servers, as in New York City. Other jurisdictions, such as Georgia, require a court order allowing a private person to serve process. Many private investigators perform process serving as part of their duties.
In non-English speaking countries such as France, the Netherlands, Germany, Japan and China which follow the continental legal system based on the Napoleonic legal codes, service of process is performed by a huissier de justice (gerechtsdeurwaarder in Dutch), either in person or through the mail. In those countries there are two different types of service — signification and notification. The huissier is only responsible for signification, the more formal type of service.
Substituted Service
When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual such as cohabiting adults or an employer. California, Illinois, and many other U.S. jurisdictions require that in addition to substitute service the documents be mailed to the recipient. Substituted service often requires a serving party show that ordinary service is impracticable and that substituted service will reach the party and effect notice.
In addition, substituted service may be effected through public notice followed by sending the documents by Certified Mail
Service by Mail
Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail is not available if country of destination has filed objections to service by mail pursuant to the multinational Hague Service Convention.
Voluntary Acceptance of Service (United States)
As a substitute for personal service by a process server, many jurisdictions encourage voluntary acceptance of service. The summons and other documents are mailed to the party to be served, along with a request to sign and return a form of acceptance of service, or acknowledgement of service.
Acceptance of service means that the served party agrees to acknowledge receipt of the complaint or petition without the need to engage a process server. Failure to accept service voluntarily means that the party to be served will be liable for the cost of effecting formal service, even if the plaintiff's action is otherwise unsuccessful. In U.S. federal court, voluntary acceptance of service entitles the defendant to more time to file an answer.
Agent for acceptance of service
In some instances, delivery to an agent for acceptance of service or "Registered Agent" can substitute for personal service on the principal party to be served. The agent for acceptance of service or "Registered Agent" is a person or company authorized in advance to accept service on behalf of the served party. For example, most corporations are required by law to have an agent for acceptance of service in each jurisdiction where they are active. The identity of the agent for service can usually be ascertained from company filings with appropriate state agencies.
Animosity towards process servers
Due to the nature of their trade, as the perpetual bearers of bad news, process servers have frequently found themselves the subject of much ill will. Defendants anticipating imminent litigation occasionally labor aggressively to evade service, as a means of delaying or even avoiding trial, making the tasks of process servers particularly difficult. In response, some process servers have resorted to duplicitous means of serving such defendants, further exacerbating their negative public perception.
The wily, overzealous process server has since become the subject of modern American legend, depicted in films and television as a cunning master of deception. Such recreant illustrations have contributed significantly to the public resentment towards process servers. In the interest of assuaging this animus between the public and process servers, legislatures have invalidated, and occasionally invoked criminal penalties for, certain unscrupulous methods of process serving.
Process serving laws
Each state has process serving laws, or Rules of Civil Procedure, that govern civil procedure in their courts, or more simply, court procedures for civil suits in their state. The United States also has their own set of Federal Rules of Civil Procedure, which most state service of process laws are based on.
Disguises
Legislatures and judges have consistently proscribed the use of actual disguises (such as uniformed delivery persons) by process servers in an attempt to reach their intended subject. Furthermore, impersonations by process servers of Federal or state employees (such as police officers, federal agents, tax collectors, postal workers, etc.), as well as utility company employees (meter readers being a prime example), can carry severe criminal consequences.
However, this restriction on disguises has consistently been limited to verbal misrepresentations and traditional uniforms. Implied disguises, such as carrying a pizza, flowers, or packages with no apparent affiliation with a delivery service is a valid means of service. A process server may even order such a delivery to a defendant's location and simply approach alongside the delivery person, serving the defendant at that time.
Trespassing
In nearly every state, process servers are restricted from trespassing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. Gated communities and apartment buildings have created a curious predicament for process servers, however, most are required to allow process servers to enter them.
Protected Days
Some states prohibit the delivery or serving of documents on Sundays, Holidays, and / or Election Days. However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order. Please review the laws of the state that you wish to serve papers, or have papers served, to see whether that state has any delivery restrictions.
The following is a list of states that prohibit service of process on Sundays, Holidays, or Election Days:
FLORIDA: According to the Florida Statutes §48.20, service of process cannot be performed on Sundays.
MAINE: According to the Maine Revised Statutes §705, service of process cannot be performed on Sundays.
MASSACHUSETTS: According to the General Laws of Massachusetts Chapter 136, Sec. 8, service of process cannot be performed on Sundays.
MICHIGAN: According to the Michigan Compiled Laws §600.1831, service of process cannot be performed on Sundays and Election Days. A recent statute passed in 2005 by the state legislature also prohibited the service of civil process on a person attending a worship service of a religious organization.
MINNESOTA: According to the Minnesota Statutes §645.44(5), service of process cannot be performed on holidays.
NEW YORK: According to the New York General Business Law §11, service of process cannot be performed on Sundays. Also, according to the New York General Business Law §13, process cannot be maliciously served on Saturday upon a person who keeps Saturday as holy time.
RHODE ISLAND: According to the General Laws of Rhode Island §9-5-24, service of process cannot be performed on Sundays.
SOUTH DAKOTA: According to the South Dakota Codified Laws §1-5-2, service of process cannot be performed on Sundays.
TENNESSEE: According to the Tennessee Code Annotated §20-2-105 and 106, service of process cannot be performed on Sundays, except by a court order.
TEXAS: According to the Texas Rules of Civil Procedure, Rule 6, service of process cannot be performed on Sundays.
VIRGINIA: According to the Code of Virginia §8.01-289, service of process cannot be performed on Sundays.
WEST VIRGINIA: According to the West Virginia Code §56-3-16, service of process cannot be performed on Sundays
Have your legal documents delivered and "served" anywhere in the United States!
Contact us at our Corporate Office by calling, 561. 447. 7638.
Or, email us by clicking here →Process Server Services
Many Thanks to Wikipedia for providing this useful information!
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