Though all US states do require that process be served to the defendant in a court case, each state has different laws pertaining to how the process may be served, and who may do it. Some states require that a process server be licensed, some require that documents must be easily available to the person being served (I.e. they cannot be contained inside of an envelope) and others prohibit certain days for the serving of court orders and documents.
Navigating through these laws and properly serving documents to an individual is most certainly something that should be left to a professional. Failure to correctly or legally serve documents to a defendant is oftentimes probable cause for the defendant to claim that they were not properly noticed about the court proceedings against them – even if the documents do still make their way to them. When finding a process server for your court case, be one hundred percent sure that they are someone with a thorough understanding of process serving laws in the state, and that they have experience in the area.
Arkansas is one of the states that does not require its process servers to be licensed – however, that does not mean that process servers in the state should not be experienced. Be sure that the process serving association that you are working employs process servers who are aware of proper legal proceedings in the state of Arkansas, such as what should be done in the case that the defendant refuses the receive the documents, as well as to whom the documents should be delivered if the defendant is not available for receiving them. It is also wise to select a service that is well aware of proper “skip tracing” – that is, how to track down a defendant who is difficult to track down, regardless of if it is intentional or accidental.
Why Would You Need a Process Server?
A process server is a person who hand delivers important court documents such as court summons or notifications to a person or business who is being sued or otherwise persecuted in court. Process serving became necessary because of the fifth and sixth amendments in the United States constitution, which state that a person cannot have their life, liberty or property taken away without going through the due process of law. It is because of this that people must be notified as soon as possible about charges being brought against them in a court of law.
Each state has its own unique laws pertaining to the serving of process, but all states do require that the documents are delivered to the defendant by a person who is third party to the court case. While some states do require a license for process servers and have certain days (such as holy days practiced by the defendant) on which process cannot be served, many do not. There are many laws pertaining to the serving of process that must be followed exactly, so that failure to property serve process cannot be used as a defense in court by the defendant.
It is because of this exactness that a professional process server is recommended when serving court documents. Using a process serving company to deliver your court documents will ensure that all laws are followed correctly and fully, and will prevent any problems in your court case caused by failure to properly serve court orders. Also, a professional process serving company will generally provide services such as skip tracing – where if a defendant cannot be found in order to serve court documents, they will do everything possible in order to find that person. This ensures that regardless of the whereabouts of the defendant, process can be served to them as promptly as possible in order to prevent stalling in the court case.
Risk Involved With Process Serving
The job of a process server is to deliver court summons to people or businesses that are being persecuted in a court of law. While this job is highly necessary in order for court cases to proceed (under the fifth and sixth amendment to the United States Constitution, a person cannot be persecuted without due process of law – the first step of which is the person being informed of the court case against them) it is not always a job easily done. While many people know that the chance of avoiding a court summons is slim to none, there are still some who purposely avoid process servers to delay the proceedings against them.
Receiving a court summons is most certainly not something eagerly looked upon by the community at large – and this reluctance to receive process is the reason behind just why the job of a process sever is so risky. While many people are content with simply not answering the door when they believe that a server is on the other side, some resort to more drastic approaches. An example of this is a recent case against a Denver, Colorado process server who was accused by the intended recipient of the court documents to have rashly attacked her in front of her residence.
More concerning than the court case against the server is the fact that he had not, indeed, attacked the woman as she claimed. She had actually intentionally hit the man with her car once she was informed that he was delivering her court summons. Sadly, cases such as this one are not uncommon. It is because of this risk of rash behavior on the part of the defendant that a process sever must be well-trained in the area of how to properly deliver documents. Knowledge on how to prevent unfortunate encounters such as this one from happening is something that can be found in a number of professional process serving companies.
About Skip Tracing
The job of a process server is generally very uncomplicated – They simply have to deliver court documents to a designated defendant in the case while following the laws of the state in which they are operating. However, sometimes that job is made more difficult due to defendants being difficult to track down. More often, this is due to the defendant having moved or having an unlisted phone number. However, there is the rare case that a person will intentionally attempt to avoid the process server in order to prevent the court case against them from moving forward. Regardless of the reason that the defendant is difficult to track down, though, the resulting action is the same: skip tracing.
Skip tracing is the process employed by process serving companies in order to find a person who has “skipped out” on court proceedings. At times, locating the person is as easy as inquiring as to their new address, but in the case of a person intentionally avoiding receiving the court documents, things can get tricky. Ask any detective and you’ll quickly learn that tracking down and contacting a person who doesn’t wish to be found isn’t an easy job.
A number of creative and interesting techniques have been employed by process servers in order to ‘trick’ defendants into receiving the court documents. More recently, skip tracers are using the Internet to find out the whereabouts of those hard to find individuals. With the use of social networking websites such as Facebook and Twitter growing, more and more people are leaving tell-tale information about their current address, phone number, and workplace online. While the methods of finding people may differ, one thing is for certain – a great process serving company will ensure that those documents are delivered on time, regardless of what it takes.
Why Hire a Professional Process Server Provide.
Regardless of the size of court case, there is what may seem like an endless stream of details to be handled in order for the case to proceed. Finding a quality process server to deliver the court summons for your case to the defendant is one of the most important steps that will be made. Should these documents be delivered improperly, it can cause the case to be delayed for an excessive amount of time – the last thing wanted by anyone involved in the case.
However, avoiding this incident is relatively simple – it’s as easy as choosing a qualified process service provider to handle the delivering of the court summons. Without the use of a professional service, you can lose endless amounts of time and money on your court cases. Each state within the US has different laws pertaining to process servers and the way that they deliver court summons. Ensuring that every one of these laws is followed perfectly while still managing to deliver the documents in a timely manner isn’t something that can be left to just anyone. Locating a professional service to deliver court summons and other official documents pertaining to court proceedings isn’t only a matter of legal expertise, either. There is also the factor of people intentionally avoiding process servers that will have to be dealt with.
Even though it may be considered nearly impossible to locate a person who does not wish to be found, that isn’t so for companies who have experience in the area of skip tracking. Professionals in this area can quickly and easily locate most anyone in the state in which the process is being served – meaning that even if the defendant isn’t the easiest person to locate, the use of a service offering skip tracking can ensure that the documents are delivered in a timely manner regardless.
What a Process Server Provider Should Offer
There is more to selecting a process server provider than finding a company who offers professional servers. While the basic task is to simply have an individual (who must be third party to the court case in question) deliver a court summons to a defendant in a case, the serving of process can be much more complicated than simply handing papers to a person. At times, a person may intentionally avoid servers in an attempt to delay the court case. In some cases, servers have been purposely harmed by the defendant.
Though these occurrences are by no means the norm in the serving business, they do happen – meaning that when you’re looking for a process server provider, you need to find one that offers services beyond the basic delivering of court summons. For instance, in the case that a defendant is purposely avoiding having the court summons delivered to them, it is advisable to enlist the help of a server provider who offers skip tracing. Skip tracing is the tracking down of people who have either changed address (making finding them a difficult feat) or who are intentionally avoiding being served. A provider who offers a skip tracing service will be more prepared to get the court documents delivered in a timely manner than a provider who does not.
It is also of importance to find a provider who is well experienced in the area of serving court summons to defendants. The agents of these companies are more likely to be aware of the risks involved with the serving of court documents, and will therefore be better able to deliver them without incident. Also, a company that has been operating in the field likely has already developed a very thorough understanding of local serving laws, as well as the habit of following them perfectly.
The Process of Serving Process
Regardless of where it is that you live in the United States, finding highly qualified and well trained process servers to deliver court summons to defendants is a necessary step in the progression of any court case. However, the way that these summons are delivered is very much subject to the individual laws of the state in which the process occurs. This means that you’ll have to find a process serving company in your area that provides employees that meet all state laws for process serving.
While process servers operating in Dallas, Texas will have to be certified by order of the Supreme Court, a Little Rock process server in Arkansas requires no certification for the position. Differences in laws pertaining to the delivery of court documents doesn’t end at who can deliver them, either. For example, the state of Florida requires that the court summons documents be physically handed to the individual who is being summoned – other states permit summons to be simply left at the residence of the defendant.
Like many matters in the legal process, the delivery of court summons is a highly specialized and complicated process that requires that a number of laws (both national and state wide) be met during the process in order for it to be officially recognized by the court. Should a process server fail to meet these requirements, entire court cases can be stalled, or in the worst case scenario, dismissed due to a simple mistake made during the serving of process. To ensure that your court actions do not become subject to one of these mishaps, it is prudent that a process service provider of extreme professionalism and knowledge in the area of court summons be hired. The use of these services could end up making the difference between a successful court case, and one that doesn’t go beyond the initial phases.
The Importance of Professionalism in Process Serving
In July of 2010, a process server in Northern Virginia upset an entire town. How? He delivered court summons to a number of town officials during an official town meeting. Towards the end of an ongoing town council meeting, the server approached the officials and began throwing down the copies of court summons in front of the defendants. While it’s not uncommon for process servers to have to resort to public delivery of court summons, it is generally reserved for times when defendants could not otherwise be reached – usually on purpose.
So where did this process server go wrong? Though nothing about the serving was against the law (and the server will therefore not be prosecuted for this actions) but it was very much out of the ordinary, and extremely unprofessional. In this particular case, there were a number of other opportunities in which the defendants could have been reached and served with their court summons. It’s because of this that the actions of the server made the news. He blatantly interrupted an official city council meeting to deliver court summons that could have easily and effectively been delivered to the defendants just a few minutes later, after the meeting was adjourned.
Naturally, the actions of this particular server are not something that you want to happen during the delivery of summons for your court case unless absolutely needed. So, how is it avoided? Simple – by ensuring that the process serving company you enlist the help of to deliver court documents not only practices persistence, but professionalism as well. While keeping up appearances is not always the most effective way to deliver documents on time, it is of importance whenever it can possible be practiced – something that a well trained and professional process serving company can offer.
Persistence in Serving Process
One of the first steps to any court case is the serving of process – that is, the delivery of a court summons to a defendant, notifying them of a court case against them. Unfortunately, even this preliminary step can cause a court case to be stalled indefinitely. This happens when the defendant to whom the documents are being delivered is (either purposely or unintentionally) difficult to locate. When this happens, you’ll certainly want to have the help from a process server provider who is relentlessly persistent.
However, there is a fine and important line between persistence and harassment. Seeing court cases against process servers is not uncommon in any way – though these claims of harassment by process servers generally turn out to be false, it is not always the case. There have been cases of process servers breaking into homes or trespassing on private property to deliver documents – this, obviously, is not what you want.
A good example of persistence is the McKinney Process Service based out of Morrilton, Arkansas. This business has a history of getting documents delivered on time to the correct recipients, despite the fact that in many cases that whereabouts of that recipient are not openly known. By employing the use of skip tracing (I.e. the tracking down of people who are avoiding court summons) and other clever tactics, though, they ensure that documents are delivered.
By choosing a process service such as theirs to take care of the deliver of a court summons, you’re ensuring not only that the documents get to the recipient in a timely manner, but that they do it in a legal way as well. It’s important to realize that the tactics for delivering a court summons may not always be gentle – but they should always be within the area of legality. Making sure that the process servers you use for your court case follow this rule will ensure the success and fast proceeding of your court case.
New York City Reforming Process Serving
It’s a needed legal practice that has received a bad reputation all throughout the country: again and again, people have complained against process serving procedures in their states. Many of these claims state that though it has been filed that the defendants received their court summons, the process servers in the cases had in fact not followed procedure, and in some cases had failed to deliver the documents at all. Recently, the New York City Council has been working to pass a law that would require process serving agencies to use a global positioning device to prove that a process server had, in fact, delivered the documents.
Complaints against companies such as these are not limited to New York by any means – since the beginning of the United States economic recession around 2007, more and more private process service providers have been hired out to deliver court summons. However, many of these providers are failing to live up to the legal standards put forth in their practice. While there have been many cases of servers failing to properly deliver court documents to defendants making the news, that by no means indicates that these mishaps are common.
Just like in any other business, process service providers vary in the amount of skill and professionalism that they practice. Simply because there are many that are ignoring laws about the service of process, it by no means that finding a well balanced business is impossible. It’s simple – before you hire out a process service provider for your court case, check there history of service. Though there are companies out there only after the gain of money from delivering court orders, there are honest ones to be found. Find a company with no hidden fees and a clean record of quality service, and you’ll be good to go.