If you work in the legal field, then you likely deal with process servers on a regular basis. Most lay people, on the other hand, have little to no understanding or interaction with process servers –until the fateful day when they need one.
Though laws and regulations surrounding this important legal process are oftentimes labyrinthine, the basic idea of process serving is actually pretty simple and straightforward. According to the constitution, every citizen has the right to be notified of legal action involving them –and delivery of this notification is known in legal terms as service of process.
Who uses Process Servers?
● Prosecutors and Law Firms who need to notify a defendant or subpoena a witness.
● Landlords pursuing legal action against a tenant who refused to pay rent.
● Collection agencies attempting to communicate with a debtor who is evading contact.
● Municipalities, cities, and other government entities trying to settle debts, track down citizens who have not paid fines, etc.
● Insurance companies, financial institutions, and other organizations pursuing fair payment from their clients.
Private parties involved in lawsuits, divorce, and other legal disputes.
Potential Complications In Process Serving
Service of process is not as simple as just delivering a document. In most cases, a number of challenges to service present themselves — which is one reason why professional process servers are thriving in today’s economy. Here are a few of the most significant challenges in the industry:
● Legal Regulation of Service of Process. A number of federal, state, and local laws dictate the exact conditions under which process may be served — and failure to respect these laws could render service of process invalid. Though professional process service firms possess the up-to-date legal know-how needed to comply with these laws and regulations, most private individuals do not.
● Avoidance of Service. In many cases, service of process is the first step toward pursuing legal action against the person who is being served — and, unsurprisingly, many people attempt to evade service for this reason. Because of privacy rights, some people can be very successful at avoiding service, even when their place of residence is known.
● Skips Town. Sometimes, defendants and debtors take avoidance to the next level by simply skipping town. Some go as far as to change their identities and cut off contact with friends, acquaintances, and family in order to reduce their chances of being found. In these cases, hiring a skip tracer may be necessary.
● Document Retrieval. What happens if you have trouble even accessing important legal documentation that you need in order to pursue your case against the person that you are suing? You could potentially travel across the state or country, visiting courthouses, poring over legal records, and attempting to track down the documents that you need — or, you could seek professional assistance.
Visit Elite Process Serving to learn more about professional Chicago Process Servers.