Strategies For The Requirements For Proper Service Of Process

For those who have been named being a defendant in a lawsuit, it can be probable that you are searching for a legal professional or would like to equip yourself for the upcoming court case. Prior to getting a costly lawyer, however, our recommendation is that you investigate whether you have grounds to dispute proper services of process. Service of process refers to the formal procedure of passing a summons to an individual so they can show up in court. Legislation dictates that this proper notice must be provided and if it is not then it is possible to lodge a dispute. This article will explain the prerequisites necessary for a correct service of procedure.

The guidelines regarding service of process are different in line with the location however, the process is similar in that a summons has to be delivered in a of 3 ways. The summons can be acquired either through the sheriff of your county, by certified mail, or with a licensed process server.

While delivery through a sheriff and certified mail are self-explanatory, the delivery of summons by licensed process server may require further discussion. A process server is undoubtedly an individual with a credential to provide a summons to some legal party. However, this process server will not be exempt from standard legal requirements and they cannot trespass on one's property or infringe on one's human rights.

To protect yourself from any infringement of rights, the person receiving the summons must identify her or himself to the process server and acknowledge the receipt of the documentation. It can be considered unacceptable to the process server to depart the documentation in the individual's residence without receiving any confirmation of receipt. Correct service of process also requires the summons to be served by a set deadline. When the deadline is missed, the summons will be considered improperly served and a dispute can be filed.