The Duties Of A Legal Process Server

2007-11-09 05:11:17

( Education )



If you are a defendant in a suit, a legal process server will hand over to you a formal court document, called a writ of process. The purpose of serving this process upon you is to notify that you are being sued, and to advise you the nature of the suit. It is also to give you an opportunity to defend yourself and answer the allegations of the plaintiff. Its most important function is to allow the court to acquire jurisdiction over your person.

Although there are other ways to accomplish the service of process, personal delivery by an authorized legal process server is always the preferred manner of service. The legal process server who serves the writ can be the sheriff in your county. If your state law allows your sheriff to delegate this duty to a private process server, then that person can be an employee of a private firm engaged in a process serving business.

In addition to a copy of the writ, an initial pleading such as a complaint, a cross-claim or a third-party claim is attached. Before you sign anything, make sure to check these documents when the legal process server serves the writ to you. Remember service of process is a procedural requirement, and the court cannot proceed to act on the case until it can be shown that you have received a copy of the writ of process including its attachments.

Keep in mind that you may not be compelled to receive the writ of process on Sunday, unless there is a court order authorizing the process server to serve it on that day. You have also the right to waive the service of process. You can voluntarily file your responsive pleadings, or you may authorize your lawyer to accept the initial pleading without service of process.


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