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  • Writer's pictureJORDAN NIEUWHOF

What is a process server?

And why should you use one?

First of all - What Is Process Service?

A legal process server delivers (or 'serves') legal documents like Statements of Claim, writs, summons, subpoenas, complaints and other court documents to a defendant or an individual involved in a court case.

The process server must serve the documents strictly in exact accordance with the legislation in the area of service.

This may mean handing the documents to the defendant personally or substitute serving to someone in the same household or business.

Once the documents are served, the process serving agent must provide a sworn "Affidavit of Service,"  as proof that the papers were served.

The courts usually accept an "Affidavit of Service," which must be sworn and given to the party who requested service who must file it in court.

What are the benefits to using a process server?

The rules for serving of Court documents are complicated. Law Firms use process servers to serve Small Claims Court documents because they know the job will get done properly. But you do not have to be a lawyer to use a process server.

Individuals may use a process server for many reasons. Some of these include:

  • Not wanting to confront the person being served.

  • Worry that a friend may get injured while serving the document.

  • The person being served may hide.

  • The risk of physical danger, or false accusations of threats and harassment.

  • The person being served may not be able to be found.

Process servers know the rules governing service of legal documents. Legal documents must be served properly, otherwise they may not be deemed valid resulting in potential problems, even dismissal, of the lawsuit.

There may be several defendants that have to be served in a specific sequence. If they are not served properly then one could notify the other(s) who might then hide. As a result, you might lose the lawsuit in the Courts or have a weaker case.

There are also rules governing when (times, days) legal documents can and can not be served. Process servers are well versed in these regulations, and will ensure that service is done properly, and is fully admissible in court.

A process server can safely, efficiently and legally serve your legal documents and provide the proof of service demanded by the courts.

A process server is one of the best proofs of service you can get. Don't take a chance on the court rejecting your documents!

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