A process agent service delivers legal documents to individuals or entities on behalf of the court. They must be over 18 and not a party to the action. The agent must submit a notarized Legal Affidavit of Service to the court to prove the service was performed lawfully. Some US states require process servers to be licensed and undergo periodic evaluation. The service provides proper notice of legal proceedings to allow the party being served to prepare and respond to the claim or charges brought against them.
A process agent service is a person qualified to personally deliver legal documents to an individual or entity on behalf of the court. The person providing the service must be over 18 years old and not be a party to the action. In most cases, he or she may be an ordinary citizen, an officer of the court, a deputy for the US Marshal’s Service or local sheriff, or a registered service of process agent, also known as a professional process server. In the U.S., rules regarding legal service are generally governed by the Federal Rules of Civil Procedure, but individual states and courts may provide additional guidance to correct appropriate procedures and services, as well as local governments outside U.S. jurisdiction. , in some countries, the service of legal documents must be provided by a huissier de justice, equivalent to a bailiff or sheriff.
The main task of the process agent service is to deliver a subpoena or other legal documentation to the person mentioned in the court documents. To prove that the service was performed lawfully, the agent must submit a notarized Legal Affidavit of Service to the court, describing the date, time and place the service was performed, as well as a basic description of the person served. This document becomes a permanent and integral part of the legal record. Indeed, without it, a case may be dismissed or vacant on the affirmative defense that the defendant lacks proof of adequate notice. An exception to personal service exists when the party to be served is a corporate entity, organization, or federal agency; in that case, a substitute service to a representative or official can be made.
Most US states subscribe to common law practice when it comes to granting people the right to act as a service agent of process. Some states, however, require the court to appoint a process server. California, Oklahoma, Arizona, Illinois, Nevada, Montana, Alaska, and Rhode Island require process servers to be licensed. Some of these states also require that a period of training be completed, followed by a competency test. In addition, some states require that a process server apply for recertification and undergo periodic evaluation by a review board.
While the tasks performed by a process agent service are relatively straightforward, the importance of the function itself should not be overlooked. At one time in history, an individual may only have discovered that a lawsuit was pending against them when their property or personal liberty was removed, simply because they were not notified of the lawsuit. In some regions of the world, failure to respond to the court resulted in punishment by death or life imprisonment. Today, the process agent service provides proper notice of the “proceedings” so that the party being served has sufficient time to prepare and respond to the claim or charges brought against them and to obtain legal advice to represent them in court. .
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