Question By: The process serving procedure involves the delivery of legal documents, such as subpoenas, complaints, summonses, and other court papers, to individuals involved in a legal case. Here's how it typically works:
Initiation:
The process serving procedure begins when someone, often a plaintiff or their attorney, needs to notify another party (the defendant or respondent) about a legal action. This could be a lawsuit, divorce proceedings, eviction notice, or any other legal matter requiring the recipient's attention.
Hiring a Process Server:
The initiating party hires a process server, who is usually a professional trained in the legal requirements and methods of serving documents. Process servers may work independently or for a process serving agency.
Locating the Recipient:
The process server uses various methods to locate and track down the recipient. This may involve database searches, surveillance, or other investigative techniques to ensure accurate delivery.
Service of Process:
Once the recipient is located, the process server physically delivers the legal documents to them. This can occur at their home, workplace, or any other location where they can be legally served. In some cases, alternative methods such as mail or publication may be used if personal service is not possible.
Affidavit of Service:
After serving the documents, the process server completes an affidavit of service or proof of service, detailing when, where, and how the documents were delivered. This affidavit is then submitted to the court as evidence that the recipient has been properly notified.
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