Legal process service is described as the procedure followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party. A defendant, administrative body or a court are some of the parties to be served with a process. The main aim of the legal process service is to ensure that it exercises jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal. When serving the documents referred to as process, they should include all relevant documents including summons. The serving of these process need to be done personally to the individual but in situation where they are not available, the process can be served to another person who is of a suitable age either at the residence, place of employment or business of the person. The process servers are required to file a proof of service document that shows the time the service was done, the place, the person who received it as well as any other information needed. Other than the responsible individual being served, there may be agents who accepts the process from the process servers on behalf of the defendant such as when it is being served to corporations that work with the public in a given region.
It is key to establish the personal jurisdiction of the given court over the person who is being served to ensure proper legal process services. In case the person ignores even further pleadings or even doesn’t attend the proceedings, the administrative body or the court will then find the person in default hence will award a relief to the petitioner, claimant or the plaintiff. The legal process service is usually done by a court official who can either be a sheriff, constable, marshal or a bailiff. When there are private process servers, different states may require licensing with the suitable regulatory bodies to allow them carry out those services.
Substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server are some of the ways through which processes are served. Substituted services are done when the responsible person is not available and a responsible person as long as they are of age and will ensure the process gets to the owner are served. Service by the use of the mail is used when the person is not present in the given state as long as the destination country has not filed any objection against service by the mail. In the voluntary acceptance of the service, the defendant agrees voluntarily of having received the petition or complaint without the engagement of a process server. When the defendant works directly with the legal process server to receive the petition, summons or complaint, it is referred to as personal service by the process server.