If you are hiring a process server, the odds are extremely high that you are involved in some kind of legal case — and, in that scenario, it is likely very important to you to understand the legal ramifications of contracting such services. Is hiring a process server really necessary? What if you cannot locate the person who you wish to serve? What if that person lives in a different county, state, or country? Do process servers need to be legally certified, or is anyone qualified to be a process server? You will find the answers to all of these questions and more in this article — read on to learn everything you need to know about the legality and regulations surrounding process serving.
- It may be a legal necessity. In certain types of legal cases, i.e. divorces,small claims, evictions, etc., you may be obligated to provide written notice of certain facts or legal actions. In these cases, a professional process server may be able to help you complete your legal duties in the most effective manner, while also providing objective and indisputable proof that the party in question has been notified.
- Skip tracing regulations also apply. In some cases, the person who you are attempting to serve may be difficult to locate. This could occur simply because that person has changed addresses or moved out of state — or it could be because that person is attempting to hide in order to avoid something, such as paying off an old debt. Whatever the case may be, there are many process servers and professional organizations that provide skip tracing services, tracking down such hard to find subjects in order to facilitate a serve. Just like process serving, skip tracing is also subject to a number of laws and regulations which can vary from jurisdiction to jurisdiction. (For example, in some states the interactions that skip tracers are allowed to engineer with friends and family members in order to locate a skip are very narrow.) This is why it is important to practice caution and diligence when hiring a process serving company and/or a skip tracing organization: by ensuring that all applicable laws and regulations are followed, you put yourself in the best legal position to win your case.
- License/certification may be required. On the subject of qualifications, it is also worth pointing out that, in certain states and legal jurisdictions, process servers are required to obtain a special license in order to practice process serving. In other states and jurisdictions, this is not the case. Of course, choosing an individual or organization who has gone through the necessary training and effort needed to acquire such certification could likely turn out to be advantageous regardless.For those who live in Elite Processing’s home state of Illinois, it is also worthwhile to point out that certification is indeed required in order to serve in the state. So if you are looking for a process server in Cook county or searching for a process server in Illinois in general, then choosing a certified organization such as Elite Process Serving is a must.