Delivering legal notices to others, be it a person or an organization, is simple yet tricky. People nowadays try to avoid legal notices either by fleeing or not participating in illegal acts. Organizations and other people use process servers to make sure that the legal notice is given to combat the scenario where a person flees from getting legal notice. In many places, these people play an important role in delivering legal notice and giving warnings to the person for the same.
Places throughout the world use process servers to make their task easier and simpler. No matter what place it can be, there are several rules that they have to follow, such as process servers London or New York has different rules for the recording and warning system. Read below to learn more about process servers.
Services Offered By Process Servers
Process servers have the basic task of delivering legal papers and other services they provide. Delivering the papers is a part of the services that they offer and need in most cases. They also offer other services related to legal procedures. Please read below to learn more about them.
1. Court Filing and E Filing
The court filing is a very important step in the procedure of getting the case reviewed. Every paper needs to be carefully submitted; the paper must not have any mistakes or errors that could hinder the credibility of the facts stated. E-filing is a simple procedure that is for the process servers. It is the same as court filing, but it’s done online instead of doing it physically.
2. Mobile Notary
A mobile notary is a person who has the authority to certify authorization on important legal documents legally. The signatures signed on a legal document need to be verified. Process servers act as a third party legible to certify the signatures and are present when the signatures are done.
3. Document Retrieval
People need reference documents from the court to state facts and refer to other cases and laws. The retrieval procedure of the document is simple yet requires various verification and even the validation of an advocate in many places. A process server knows the procedures of the court well and can easily retrieve the documents needed.
4. Courier Services
Courier services include everything from delivery to pickup of any document or package. Process servers have ample experience handling important documents, delivering them, and picking them up. Because of this, they are good for courier services for anything fragile or important which needs to be dealt with, with utmost care.
Challenges Faced By Process Servers
The services offered by process servers are easier to comprehend but are difficult in reality. Process servers have to go through people who do not want the documents, do not converse their needs properly, and even flee from getting the papers. Below are the top 5 challenges that these people commonly face.
1. Physical Handover Of Documents
Many states do not allow the handover of documents through an online procedure. In such situations, the process server has to go physically, no matter where the person is staying. If the person isn’t at home, they have to ensure that they give them the papers when they are at home. Also, if the other party isn’t cooperating, there are cases of fleeing or assault by the other party.
2. Inability To Find The Accused Party
The accused sometimes do not stay in one place or flee upon knowing about the legal notice. In such scenarios, it is difficult for them to go to different places looking for the accused party. Not to mention that, at times, people who need to be served the notice stay hundreds of kilometers away. Finding the accused in the first place is a difficult task, but if they flee them, it’s even more difficult.
3. Denial Of The Documents
It isn’t uncommon for people to deny the documents being served at their doorstep. Every state has different laws according to which the procedure is handled differently. Few countries have strict laws, whereas others need to cater to such issues better. Process servers need to revisit a person to ensure that they do get the documents; otherwise, they have to follow what the law of that place states.
4. State Laws
State laws are the only and biggest difficulty process servers face everywhere. When delivering legal documents, they need to follow certain protocols according to state laws which are different everywhere. If these people have to go from one state to another to deliver the document, then they have to research their laws and protocols and then only serve that person the documents.
Whenever a process server has to deliver legal documents physically, they are at risk of assault. It is not rare but not common as well and could happen anywhere, be it verbal or physical. Many states do not focus on this aspect and do not have stricter rules to avoid such scenarios.
How Can Process Servers Overcome Their Challenges
Challenges faced by a process server are simple yet require immediate attention. Not paying attention to these issues can cause serious harm to them over time. There needs to be strict laws or solutions to overcome these challenges. For stricter laws, one can only plead with the court, but for better solutions, there are collective things a process server can do.
Process servers can opt for a police officer or a representative, which will help them find the person and physically hand over the documents and avoid the assault. Another thing they can do is contact a government advocate with knowledge of the protocols and laws they must follow in their country. These two simple things can help process servers overcome the above five challenges without going through a hurdle.
In the long run, a process server is essential to the legal system. These people act as a bridge between the courts and the people to communicate and show up for their cases. There are multiple services that a process server provides, but these are accompanied by the challenges they occasionally face. To overcome these challenges, one should contact police officers and advocates of that place immediately.