In most cases a judge may ask you to hire a Process Server to deliver court documents to the Defendant (the defender). Process
Servers are neutral people who “serve” or deliver court papers some of these documents include Divorce, Child Support, Terminate
Mistaken Paternity, or Summons etc. At times, a Process Server can also get hired to deliver a letter. This is done with means to
settle or agree on something, preventing filing a case at a court. A Process Server is hired when you need someone Reliable to
ensure the delivery of court papers. It is important that you choose someone who is Reliable and Trustworthy.
A Professional Process Server will be able to “serve” your court papers and give you a Proof of Service for you to file at your clerk’s
Office to courthouse where the court case was filed. Ask the Process Server questions regarding your unique case and choose wisely.
Some of the Questions to consider before hiring a Process Server are the following;
- How much does it cost to hire a Professional Process Server?
Let’s face it! Most people like a good deal. This is not highly recommended when you need to hire a Process Server. See the person
you hire will be ensuring that your court documents are not only been delivered, but granted you go to court they can support you by presenting evidence the Defendant was indeed the correct person that got served. You definitely want to ensure a Process Server gives you a fee that falls within the range of your service, this way it gets done.
Also, you may be charged an extra fee for extra documents that go to the same address. Additionally, if the Process Server serves court documents at a different address than the one you gave them, they may charge you an additional fee as well. A Good Process Server should set a fee with no hidden cost at the end. Keep in mind there may be additional charges, there can be stakeout cost, rarely but it can happen. However, the final price should Always be disclosed to you upfront before the Service of Process begins.
2. How long will it take for you to go out and serve my papers?
There are many types of Process Service services available, that include 3 attempts. Some Process Servers may include more attempts to complete the service of process. The time frame to serve your court papers may include; 3-7 business days, Priority and Rush, Expedited Priority. Another factor on serving papers, is that the person may not want to accept the court papers and in many cases the defendant may start to evade the service of process. You can ask the Process Server if your court documents should be attempted to serve within the same day or very next day? There are some Process Servers that may take longer than 1 week and some may do it in 1 month. This is definitely not a good sign.
It is extremely important the Process Server delivers your papers in a timely manner, this way your court case will move forward. Also, let the Process Server know if the court case hearing is approaching, a deposition or any another important court date is approaching. It is important for the Process Server knows this. This will give them a good timeline timeframe, in order to get your papers served quickly before it is too late and the defendant can no longer be served. There usually is a “rush” fee for this and the Process Server should let you know before you make the payment for the service.
3. What To Do if You Do Not Know Where the Defendant Is?
A Process Server has the ability to contact local authorities and let them know they are trying to serve papers. Local authorities may have information of where the Defendant is in order to serve them the court documents. Many times the internet works wonders and you can use it to find basic information, such as the Defendants last known address. Social media revolution makes it easier for Process Servers to find someone that just moved or is evading Service of Process. Social media aids people to disclose their current location and at times people like posting pictures of where they are. This helps a Process Server find someone that has recently moved or to contact them easily.
Skip tracing is another tool used by Process Servers and although the outcome is not 100% guaranteed there may be a good address to use to serve the Defendant at their new address. Skip tracing provides Process Servers a good address through an updated database, to serve court documents, ensuring the right person is being served. Despite all the tools that can be used to find a person, there are state laws that need to be followed when serving papers. This is a good reason to hire a good Process Server to get the court papers served. A mistake on serving court documents can get your court case thrown out.
4. What if a Defendant decides not to accept the court papers and Evade Service of Process?
Everything is great when a Process Server knocks on a door and the Defendant accepts the court papers. So what happens when the Defendant does not want to accept Service of Process? The Defendant may not want the court documents for whatever reason and will start hiding from the Process Server. Depending on the type of court papers that are being served and State laws, the Process Server has options.
Drop Serve – In some states the Process Server can “serve” the papers, as long as they can see the Defendant and can identify him/her, the Process Server can leave them on the floor, as long as they are at plain sight and available for the Defendant to go and pick them up. A savvy Process Server will have video or a picture of the legal documents being placed in immediate vicinity “dropped served” in difficult situations. Continuing to exhibit their never quit attitude.
Substitute Service – Some state laws allow you to deliver and leave the court documents with another person who is not the Defendant. This is an excellent reason of why a Professional Process Server should be hired.
Posting Papers – Service of Process by posting the court papers to the door and serving them this way. Keep in mind there is a Judge order for this and state laws must be followed at all times, so your court case does not get affected or thrown out. With all this in mind, a Professional Process Server should be hired.
Do You Need a Process Server in El Paso, Texas or Nationwide?
ASAP Process Service goal is to deliver court papers as soon as possible (ASAP). Our court papers are served and treated as a rush service and are being delivered within 24 hours. ASAP does its best and treats All of our services as rushed/same day service if you need the process of service as soon as possible. ASAP provides you with online Service of Process and it is easy to pay and begin service, just give us a call to (915) 229-4050 -or- send your court documents to: elpasoasap@gmail.com,
ASAP is known to get the job done!
Visit ASAP El Paso online today to learn more about how we can help you!
ASAP Process Service Blog by MS Ruth Eisenberg 