Legal process service can be defined as the method followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party. A defendant, administrative body or a court are some of the parties to be served with a process. Exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal is the main aim of serving the legal process. When serving the documents referred to as process, they should include all relevant documents including summons.
The process are required to be served personally to the affected individual but there are cases where it can be done to another person who is of a suitable age either at the residence, place of employment or business of the person. Once the server has given the process, they are required file a proof of service document that shows the time the service was done, the place, the person who received it as well as any other information needed. There are various agents who accepts the process from the process servers on behalf of the defendant such as when it is being served to corporations that work with the public in a given region. Read more about the legal process from our site.
A proper legal process service requires that the personal jurisdiction of the given court is established over the person who is being served. Where the individual after being served with the process ignores it including further pleadings or doesn’t attend the proceedings, the administrative body or the court will then find the person in default hence will award a relief to the petitioner, claimant or the plaintiff. Legal process are mainly served by court officials such as the sheriff, constable, marshal or a bailiff. The responsible bodies in a region may as well license private process servers as long as they meet the requirements set. If you visit https://en.oxforddictionaries.com/definition/law, you can learn more about some law details.
Some ways of serving legal process includes substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server. Substituted service is where the process server is allowed to leave the legal process service documents with another individual who is responsible if the individual being served is unavailable. In situations when the party to be served is not present in the given state and the destination country has not filed any objection against service by the mail, the process is likely to be served via a mail. Voluntary acceptance of the service is where the defendant will agree voluntarily of having received the petition or complaint without the engagement of a process server. A process server may serve the petition, summons or complaint directly to the defendant in a manner known as personal service by the process server. Check this out here!