Process serving is a critical part of the legal system, and it’s important to follow best practices when serving documents. If you’re unfamiliar with process serving, it’s the delivery of legal papers to a person or company involved in a court case. What Happens If You Avoid Being Served Court Papers? Well, if you’re the one being served, it could mean that you’ll have to face a judge without having had the chance to prepare your defense. It can be a complex process; many things can go wrong if you’re not careful. In this blog post, we will discuss some of the best practices in process serving so that you can avoid any mistakes.
Rules Are Specific to the State
Each state has its rules and regulations regarding process serving, so it’s important to be familiar with the laws in your state. If you’re unsure what the rules are, you can contact your local sheriff’s office or court administrator for more information. In some states, you may need to be licensed or registered to serve papers, so be sure to check the requirements in your state.
Additionally, there are some general best practices that you should follow regardless of your state—for example, dressing professionally when serving papers is always a good idea. You should also ensure that you have all the necessary documents before you attempt to serve someone. If you don’t have everything you need, it could delay the process or result in the papers being returned to you.
Fully Complete and Provide True Authentication
The other most important best practice is to fully complete the documents you are given to serve and to provide true and accurate authentication of those documents. If you do not have all of the information required, or if the documents are not properly authenticated, this will delay service and may result in additional costs. It is also important to know the different service types required to properly serve the documents.
For example, some documents require “personal service, ” meaning they must be delivered to the individual named on the document. Other documents can be served by “substituted service,” which means they can be left with someone at the individual’s residence or business.
Avoid Illegal Tactics
There are many ways to serve the process, but not all are legal. Some common illegal tactics that process servers have used in the past include:
- Sending process via certified mail without the recipient’s knowledge or consent
- Hiding process in magazines or other parcels
- Posing as a delivery person or other service worker
- Refusing to leave the process with the recipient
- Intimidating the recipient
If you are unsure of the best way to serve a particular document, it is always best to consult with a process server or an attorney. They will be able to advise you on the best way to proceed to ensure that the documents are properly served and that all legal requirements are met.
