3 MISTAKES TO AVOID WHEN HIRING A PROCESS SERVER
A precise and punctual service of process is a vital component of every legal proceeding. A lawsuit cannot begin until the legal papers are served to all parties. Hiring a Greenville process server is typically the most effective means of making sure the papers are served. The summons and complaint must be served together. Errors can bring about a situation, dismissal, or perhaps a mistrial. It is important to avoid errors at all expenses by using a credible process servicer who has experience and After the Summons and Complaint are filed, papers can be served. Serving papers is also known as service of process. Service of process is necessary because it lets the opposing party know they are being sued. When the opposing party is served, they also receive copies of the papers.
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized and filed with the Clerk of Court’s office where the case is filed.
1. SERVING THE WRONG INDIVIDUAL
It seems apparent that serving the wrong individual would certainly be a significant mistake, yet it does occur. Whether it is serving someone with the very same (or comparable) name than the accused, providing a bad address, or even attempting service for an individual who is deceased, a situation of mistaken identity can seriously jeopardize your case.
If papers are served to the wrong person, this can cause issues that can lead to a dismissal. This is why hiring a seasoned process server is so vital. An effective service of process is generally the beginning of any legal proceeding.
2. NOT VALIDATING EACH DELIVERY
Secondly, just serving the wrong person, and failing to complete service can be a big problem for a server. A lot of times this happens when a process server does not really see the individual they are serving to confirm it is the right person. Some process servers will deliver papers by dropping them in a mailbox or taping them to a door. Others may even send them via certified mail. Papers may need to be delivered in person and there may need to be some form of proof that they were served to the right person.
Your case may be delayed or even dismissed if a process server fails to fully follow through on their end. This could cost you more in legal fees as well as more headache. Process servers are additionally called to submit an Affidavidt of Service to verify that they have served the Defendant with a copy of the legal papers.
The affidavit of service is a sworn statement made by the process server. An experienced as well as trained process server will certainly validate the opposing party has been served.
3. FAILING TO PREPARE THE PROCESS SERVER
Even the very best process servers need a little guidance. For instance, it is necessary to notify your server if you know a party is evading service, or if the party is aggressive or dangerous.
If you know the recipient’s typical daily routine, description of vehicle including make, model, color, and tag number, where they park, where they work, where they travel, their general appearance, sex, height, weight, skin color, age, and whether they wear glasses or have tattoos is crucial.
The experienced and knowledgeable team at Dempsey Process Services is dedicated to a successful service of process, offering 48 hour delivery efforts, an effective and also streamlined process, and a 98% success rate. Contact us today for your free consultation.
