If a dictionary were to supply a process server definition, it would read something like this: “A process server is a trained professional who serves legal documents to defendants named in a court proceeding.” While it sounds simple, the role of a process server in the legal process is crucial. These unbiased third parties are tasked with delivering legal documents—often by hand—to defendants. In performing their duty, they must provide proper documentation that complies with local laws and maintain accurate records of their process service, which would be admissible in court if necessary. Different states have varying requirements regarding the licensing, certification, and registration of process servers. Therefore, it’s essential that your law firm utilizes a process server who is compliant with all relevant laws in their jurisdiction.
What Is Service of Process?
It would be fundamentally unfair if someone could be sued without knowing about it—losing the opportunity to be aware of or contest the suit, and consequently, losing their case. This is where the process server comes into play. Process servers are trained to locate individuals and ensure that they are given notice of a legal action taken against them. Proper service of process is a prerequisite before any legal proceeding can commence. Whether the individual served chooses to seek legal counsel or not following the service of process is irrelevant; merely being put on notice is sufficient. A defendant who ignores the serving of legal documents does so at their own peril.