Strategies For The Requirements For Proper Service Of Process

When you have been named as a defendant inside a lawsuit, it is probable that you are searching for legal counsel or wish to equip yourself for that upcoming court case. Prior to getting a costly lawyer, however, it is recommended that you investigate whether you have grounds to dispute proper services of process. Service of process means the formal process of passing a summons to a individual so they can can be found in court. Legal requirements dictates how the proper notice needs to be provided and should it be not then it is possible to lodge a dispute. This post will point out certain requirements required for a correct service of procedure.

The rules regarding service of process are different based on the location however, the process is similar in that a summons must be delivered in one of three ways. The summons can be acquired either with the sheriff of the county, by certified mail, or by a licensed process server.

While delivery using a sheriff and certified mail are self-explanatory, the delivery of summons by licensed process server may need further discussion. A procedure server is an individual by using a credential to provide a summons to a legal party. However, the method server is not exempt from standard legal requirements and he or she cannot trespass on one's property or infringe on one's human rights.

To prevent any infringement of rights, the recipient of the summons must identify him or herself towards the process server and acknowledge the receipt of your documentation. It is considered unacceptable for that process server to go out of the documentation in the individual's residence without receiving any confirmation of receipt. Correct service of process also necessitates the summons to become served from a set deadline. In the event the deadline is missed, the summons is going to be considered improperly served along with a dispute may be filed.