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19 Frequently Asked Questions About Process Serving

19 Frequently Asked Questions About Process Serving

1 What is the process server?

A legal officer, court official, firm or individual engaged in serving legal documents to a person drawn in a legal case is called a process server. In some climes, a process server performs a variety of tasks including the filing of court papers, legal document retrieval and process service.

After they have served the paper, process servers have to ensure that they deliver evidence that the papers were actually served to the right person or are appropriately sub-served — technically known as an Affidavit of Services

 

2 How much does a process server cost in Ontario?

 

Well, depending on the process server you engage, routine process service can cost you in the range of $65, plus an additional $0.65 mileage fee. Meanwhile, for rush service, you can pay as much as $45. However, you need to consult the firm or private individual you’re hiring in Ontario as your process server to know exactly how much they are charging for their process serving services and other extra fees.

 

3. What is the legal process server?

 

A legal process server is a private individual, group of persons, company, or law firm that is hired to carry out the task of serving court papers and legal documents to an individual who is drawn in a lawsuit. The legal process server carries out a number of tasks including filing court documents, retrieving legal papers, and serving process documents.

 

4. How does a process server find someone?

 

Beyond ensuring process service is performed in accordance to the dictates of the law, the process server also has the responsibility to fish out an evasive defendant or the individual for whom the process is meant but whose whereabouts are unknown. So, a process server can also act as a private investigator — skilled and empowered in finding and locating the insurance claimants, persons caught up in lawsuits.

Skip tracing is one of the skills used in many fields to locate a person’s whereabouts for any number of purpose. A process server can also employ this method to locate the defendant. Serving as a skip tracer, the server tries to find out the location of the skip.

 

The law requires that the process server thinks outside the box. There are factors to consider in an attempt by a process server to find and locate an on-the-run defendant or individual in a lawsuit. Some of the steps to take include knowing full identity detail of the person including name, daily habits, vehicle, job, among other details.

The process server will also need to know the Social Insurance number of the person, license plate number, past addresses, names of relatives, occupation information criminal history, etc. to find the whereabouts of the person.

 

5. What is a process server notice?

 

A process server notice is a legal document, which can be in the form of writs, complaints or other legal documents, served to a defendant or person caught up in a legal matter. The notice is served to inform the defendant of the initial lawsuit filed against him by another party through an order from the court.

 

6. What is a special process server?

 

A special process server is a “private server” hired by a party in a lawsuit to do a yeoman’s job in the procedure of serving court papers. Special process servers are often hired to carry out special court assignments. Unlike the general court process server, special servers are skilled in one kind of court case or the other. They do not engage in general process serving services.

Instead, they are engaged in special cases.

 

7. How many times can a process server come to your house?

 

There is no limit to the number of times a process server can visit you or come to your house to serve you. Once the papers have not been delivered and you have not acknowledged the receipt of the documents that you are served with. The process server can continue to make attempts in other to have you acknowledge or sign them.

What is proper is to make yourself available to receive the papers and endorse their receipt. In some cases, you may serve the recipient by placing the document next to them in cases where they refuse accept the document or are ignoring you. So long as you have a proof ( video) to show that they have been served, that suffices in court.

 

8. What happens if a process server can’t serve you?

 

If a process server can’t serve you, two things may be involved. It is either you are avoiding being served or you’re not available during the number of times the notice of the initial legal action is served. If the latter is the case, it means the process server will have to continue to explore every means including serving you through i.e. the newspaper, email or mailbox (depending on the type of process serving documents) —the judge can allow the papers to be left at your home or business place with any competent person above the age of 18.

However, if it the case of you avoiding being served, legal action can be taken against you once every option has been explored and the fact is established that you’re deliberately trying to avoid being served. The only thing is that the process of suing you could become a little difficult for the person charging you to court. However, not being able to serve you does not stop the lawsuit from proceeding.

 

9. What is a process server allowed to do?

 

The principal job of a process server is to serve or deliver court documents such as Statements of Claim or summons upon a defendant or a person drawn in a case. However, the process server must operate within the limit and provisions of the law in the area of service. One of the things he is allowed to do is to hand the documents to the defendant personally. He could also sub-serve by handing over the legal documents to someone in the same household/business as the defendant. However, in case where the recipient is ignoring the process server, the documents can be served by leaving it next to the recipient.

Such a sub-serving person must be 18 years and above. Once the documents are delivered, the process server is empowered by law to provide the court or the serving party a notarized proof that the papers have been served.

At the end of the service, the process server is expected to return to the court and complete an Affidavit of Service or Proof of Service form.

 

10. What is a civil server?

 

Just like Process Servers, a civil process server is one who is responsible for serving an individual or person involved  in a civil court case. The work of the civil server is limited to civil, matters. He does not serve or deliver documents pertaining to criminal cases. The server undergoes training in this field and he is able to carry out all tasks related to his area of expertise in civil matters.

 

11. What is a certified civil process server?

 

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A certified process server is one who has been licensed to act as a process server. Before a person is certified as a process server, he or she must have completed a set of state-approved courses, training and testing. He or she can then apply for a certified civil process server license in the state they live in. Some states in the US require that such an individual server undergoes ongoing training and courses to ensure that the individual keeps up with the fundamental functions of a process server.

However, other states in the US and in Canada, you don’t need to be certified in other to take on Process Serving jobs.

 

12. Why would a process server come to my house?

 

A process server would come to your house only on the order of the court. A party to a lawsuit through the court can mandate a process server to issue you, the defendant, a notice of initial legal action against you. If you don’t want a process server to come to your house, a simple answer will be – don’t get involve in a case (pay your bills, live responsibly and stay out of trouble). But having a process server around your house does not suggest you’re a convicted criminal.

The processes only need you to respond to a lawsuit against you (which you may not be in familiar with). All you need is to acknowledge it hand it over to your lawyer and have them interpreted for you.

 

13. Why would a process server be looking for me?

 

The process server can be looking only for one thing: to serve your papers. So, if a process server is looking for you, then it means there is someone looking to sue you, either for divorce, child support, or any other legal matters. Regardless of where you are, the process server has the responsibility to find and serve you the court documents. The task of the process server is not only to serve you court papers but also to get you to officially receive the papers (if applicable).

 

14. How many times will a process server attempt to serve court papers?

 

A process server can attempt as many as possible times to ensure that the person for whom court papers are intended is served. The server can explore as many as possible means to ensure that the entire task is achieved. Especially, if you are running away from being served, the process server can keep coming and trying every legal means to ensure that you officially receive and acknowledge the papers (if applicable).

 

15. Where to hire a process server?

 

You can hire a process server through a law firm or a Process Serving company. You can as well engage individual lawyers or private individuals who have been trained and tested to carry out tasks relating to process serving. If may look up Process Servers in your area on Google and i am 100% sure that you will find a number of them in your neighborhood.

 

16. Can a process serving be avoided?

 

Well, you need to think twice before you opt out for avoiding being served a court process. The law will eventually catch up with you. Even though you naturally don’t want to be served court papers or engaged in a lawsuit, yet you don’t have much say over when you’re being served the papers.

Some persons prefer skipping town to avoid being served, though it might not be a wise decision to make . Some states in the US have a limited number of times the process server can visit you. And if they don’t get to serve as a result of your absence, the court will swing into the next action. Don’t ever think that you cannot be sued if you don’t get to be served by a Process Server, this is not true.

Thus, the most reasonable thing to do is abide to the laws by simply acknowledge the process serving documents and sign it (if applicable), and follow the legal process to answer all allegations.

 

17. How much does process serving cost?

 

Depending on the state, the cost of a routine process service can range in the region from $35 – $100. In fact, some states charge a higher process service fee, while other states charge lower. However, you can incur mileage cost once it is becoming a little difficult for the Process Server to locate the defendant. It is important you understand the service charge in the state you live in.

 

18. What is process serving?

 

Also referred to as service of process, process serving is the process through which a party to a lawsuit serves an appropriate notice informing another party (such as the defendant) of initial legal action. This service empowers the serving party to exercise jurisdiction over the other party. It also requires the served party to respond to the proceeding before the court.

 

19. Do process servers charge for rush service?

 

Rush service charge refers to additional charge a Process Server charges in cases where the documents to be served are to be served in a rush. For example, If a process server has a rush serve or needs papers served the following day or on a holiday, they will have to charge for “Rush Service” – an additional fee of $20 – $45.

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