Delivering legal documents to the intended recipient or “process serving” is a common legal practice. The Claimant, Applicant, or Petitioner is the one who issues the paperwork. The Defendant or Respondent would be the one to receive the papers.
Examples of papers that need to be personally served include:
- Bankruptcy Petitions
- Claim Forms
- Divorce Petitions
- Family Court Orders (Non-Molestation Orders, Injunctions)
- Injunctions
- Orders to attend Court
- Statutory Demands
In certain circumstances, a third party must personally deliver the documents. That’s when a process server enters the picture. Process servers provide records from the County Courts to the High Courts and beyond. You can use a process server near me to ensure that the process servers deliver these documents by hand.
Who Can Carry Out Process Serving?
You can hire an experienced process server from a private detective agency near me to serve court papers and other legal documents. The main benefit of using a private investigation agency is that you will have professionals to deliver legal documents, and highly trained detectives can dig for information about an evasive respondent.
Process servers should behave professionally and ethically. They must retain objectivity and keep their interests separate. Process servers must obey the law and protect the rights and privacy of those they serve legal papers.
Process servers can work on their own as independent professionals. However, private investigation agencies can also hire them to serve legal documents. Process servers frequently have to commute to different locations to find people; while doing so, they could run into other circumstances and environments.
They must be aware of the basic rules and laws that apply to the service of process in their jurisdiction. They must be aware of any revisions or modifications to these laws.
Here are the steps involved when a process server from a private detective agency serves court papers and other documents.
Check legal requirements: Process servers should ensure they have the proper authorization to serve legal notices in Oklahoma before serving the papers. All process servers must know the rules and regulations for the state’s process serving procedures.
Find out who the recipient is: Obtain precise information regarding the client. For example, check their full name, home address, and any other information that you can use to verify their ID and provide adequate service.
Check the documents: Examine the court records and legal documents thoroughly to comprehend the facts of the case and the precise directions for service. Process servers should understand any specific or unique criteria before serving the papers.
Maintain discretion and professionalism: As a process server, always acting professionally is essential. Due to the possibility that the documents may contain sensitive information, process servers from a private detective agency must maintain the privacy of the persons affected.
Follow the Timings: Serving during the correct times is essential. Process servers can also serve legal documents in the evenings or on weekends. However, most experienced process servers recommend doing legal documents during business hours.
Document the Process: After serving the papers, process servers should create an affidavit or other proof of service to document the service. This is a written and signed statement which features information about the service’s hour, day, place, and manner.
Provide proof of delivery: The Court that issued the documents should receive the completed affidavit or proof of service. That demonstrates that process servers delivered the documents according to all rules and regulations.
Keep copies of every document: Keep copies of any court documents, legal papers, and proof of service for your records in addition to the originals. In the future, process servers may need these copies for lawful purposes.
What Happens after Process Servers Deliver Court Documents
After a process server finishes handing over the documents to the respondent, they must complete a proof of service. That could be in the form of a certificate, a statement, or an affidavit of service.
An experienced process server will know the necessary proof of service format. A process server would have to provide a more thorough declaration with specifics of the attempts made at personal service if the respondent was evasive or if sub-delivery of the papers was necessary.
What Process Servers from a Private Detective Agency Should Not Do
Avoid Pretending Law Enforcement Body:
The process server can’t pretend to be a police enforcement officer or an official to force the recipient to open the door.
When someone refuses, they can’t illegally claim that they are under law enforcement supervision to use any violence.
No Stalking or Harassment
When you are served with legal documents, is it okay for the process server to wait outside your home or business? The answer is yes. At the same time, a person cannot stalk or harass them, under any law.
There are certain circumstances where they can still gain access quickly, such as if their known friend/family member lives in that area too.
Applying Force
While delivering legal documents, process servers can’t employ violence, including physical force. Instead of using force or violence, they can practice effective dialogue and negotiation.
Privacy Laws
Process servers shouldn’t intrude on the personal space of the person receiving legal paperwork. They should avoid revealing private information to unauthorized people.
Serve Documents in Prohibited Locations or Times
Any specific limitations or restrictions on how, when, and where to serve legal documents should be clear to process servers. For instance, process servers may not be allowed to serve papers during restricted times or in specific areas.
Trespassing
Process servers should never trespass on private property. They can usually enter a property if the owner or occupant gives permission, or the law permits them to do so in a particular situation.
Final Thoughts
Remember that process servers may have different rules and specifications depending on the jurisdiction. For accurate and current information, it’s crucial to study the laws and regulations of your state to seek legal help.
