Process servers deliver legal documents in person, and laws vary by region. They accept documents, find the recipient, and deliver them, and may need to be licensed. The job can be challenging, and research may be required to locate the recipient.
A process server personally delivers legal documents under the direction of attorneys or legal teams. By law, the service of process must take place when someone is called into action or called as a witness, and this is usually done in person by a server of process. Process service laws vary by region. In some areas, for example, legal documents can be mailed and this is acceptable, while others require personal processing services.
Process servers accept documents from the people they work for, find the person to whom the documents are to be delivered, and deliver them. Once the documents have been delivered to the person or an authorized agent, the law considers the duty of process service to be complete. If that person does not respond, he or she may be legally liable as, in the eyes of the law, the person knows that a response is expected and is aware of legal procedures.
People in this position come from a wide variety of backgrounds and sometimes need to be licensed to work. Many work for agencies, although some are freelancers. One of the advantages of agency work is that it is generally stable, because attorneys in a community become familiar with an agency and use it regularly, and attorneys in other areas who need a local process server can be referred to an agency. Some work for the local government to deliver documents on behalf of the court.
This job can be challenging. Not everyone is happy when served with legal documents, especially if they are not expected, and sometimes a process server can be in jeopardy. If there are concerns about security, sometimes a member of the police will accompany the server for protection. Others rely on personal safety training to protect themselves if needed.
Process servers may have to do a lot of research. Sometimes it’s easy to send documents to someone because the documents list the person’s address and the server comes up at the right time. At other times, the process server may need to hunt someone down to successfully hand over the documents. There may be situations where a process server simply cannot locate someone by any known means. It helps to get to know the community and the people in it and to become familiar with avenues that can be pursued for research, such as social organizations that can provide a network that can be used to find a specific member of the community.
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