Who Is A Process Server? Process serving is one of the most important parts of the legal process. Without process serving, the legal system is not complete. Before we get into who a process server is, let’s first understand what process serving is.
What is process serving?
Process serving, by simple definition, is the process that goes into ensuring that all parties involved in a lawsuit are served with the documents about the case. By serving here we mean delivering the court documents and having the parties confirm that they have received the documents.
By Canadian law, each party involved must be served with a copy of all documents entered into court in the case; this means that if there are two different parties involved in a case who live at the same address, you must ensure that two copies are served addressed to each defendant. Such court documents include subpoenas, summons, complaints, divorce papers and so on.
Who is a process server?
A process server, then, is an individual legally mandated to deliver such court documents. The delivery of these court documents is what is termed as serving process. It, therefore, follows that the individual who does it is a process server.
It may seem like anyone can do this, and indeed the actual act of taking the documents from one place to another may be done by anyone with arms. However, there are certain rules and regulations set up by law that must be followed for the service to be deemed legal. Some states demand that a process server be licensed; others simply require that the person be conversant with the laws and regulations behind process serving, and be above 18 years of age.
Where can you find a process server?
If you are looking to hire a trained professional process server, you have a few options at your disposal. In most cases, if you work with a law firm to represent you in court, you will find that they have their process servers who work for them. This would be your best bet. Depending on which province you live, we would highly recommend Process Server Toronto, check out their website.
With this option, you do not have to pay them separately as it is covered in your lawyer fees at the end of it all. It also gives you the security of knowing that the documents will be served as these process servers are experienced.
Another option you can use is downloading the process server app. The app gives you options of process servers around your location. An advantage to this is that, because laws may be different in different states if you get a process server in your local, they are bound to know what laws to follow in your jurisdiction. Another advantage of using the app is that it allows you the ability to follow up on the service of process. It gives you updates as the process goes. You are therefore able to take quick action in a case where the address has been changed or the defendant becomes elusive.
Many still do not fully understand what process serving is all about. We hope that this article has shed some light on the matter. For more information, please check out our site.
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