Indian Process Servers

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Process Serving Process Server Frequently Asked Questions

What is Service of Process?

United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law.
Process serving laws and rules of civil procedure are different from state to state.
People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause and writs.

What does a Legal Process Server do?

A legal process server delivers (serves) these documents to the defendant or individual listed on the legal document being served. Once the documents are delivered, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service. Where can Defendants are Served?
This depends on which state the papers are being served in or are coming from. This is also an important reason why you need a process server. In most states, you can serve anyone, anywhere at anytime. In the some states like Virginia, Florida and others, you cannot serve someone at their residence on Sundays, nor can you serve them when they are traveling to and from a court of law. Some states don't allow serves to occur on Holidays. Please check the laws in your state.

What if the person cannot be found or is evasive?

If the named party in the documents cannot be found, the court may allow service by publication in a newspaper.
In some states a "Substitute Service" is acceptable. This is when someone other than the defendant is served. This should be done only as the last resort and shown as part of the Due Diligence. Please refer to the rules of civil procedure in your state.

What if they don't accept the papers?

In most cases they do not have to accept service in order for it to be considered effective. You may just have to leave them at their feet and walk away. Please refer to the service of process laws in your state. Do I need a Legal Process Server?
Hiring a Legal Process Server is an important step in proceeding with a court case. Process servers have the skills and experience to serve your legal documents in timely and affordable manner, and more importantly serve them in accordance with the local and state process serving laws. There are several requirements and constraints associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to court. It is also very important to note, that papers cannot be served by someone who is involved in the case or legal proceeding.
If a serve is not done in accordance with these rules, this can hinder your case from going forward, or result in the dismissal of your case. Improper Service also delays obtainment of evidence, which can cause injunctions, court fees and attorney’s fees.

What is an Affidavit of Service and a Proof of Service?

An Affidavit of Service, also called a Proof of Service is a signed document provided to you by your Legal Process Server upon completion of serving your documents. Proof of Service states when, where and who was Served.