What is Process Serving?
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law.
Process serving laws and rules of civil procedure are different from state to state. You should visit the State Rules of Civil Procedure section of admvi.com to learn more about service of process in your state.
People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause, and writs.
One type of service is called “substituted service”. This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.
Who can serve papers?
When service of process was first instituted, it was performed by sheriffs or deputies, and agents of the court. This became a burden on law enforcement, so the legislation was changed. Now, in many states and US Virgin Islands, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried can serve papers.
Keep in mind that process serving laws may differ in US Virgin Islands and may change. Some states require a that process server be licensed, some require registration with the county and in some states they are required to post a surety bond.
What does a Legal Process Server Do?
A legal process server delivers (serves) these documents to the defendant or individual listed on the legal document being served. Once the documents are delivered, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service.