The procedure that is followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party is known as legal process service. The party being serviced with the process can either be a defendant, administrative body or a court. Exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal is the main aim of serving the legal process. To give the appropriate notice, it has to be accompanied by court documents which include summons and any other document that is related commonly referred to as process. The process are required to be served personally to the affected individual but there are cases where it can be done to another person who is of a suitable age either at the residence, place of employment or business of the person. 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 is a key requirement once the process has been served. There are various 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.
A proper legal process service requires that the personal jurisdiction of the given court is established over the person who is being served. 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. There maybe private legal process servers who require to be licensed by the responsible regulatory body.
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. In substituted services another person may pick the process on behalf of the responsible individual as long as they are responsible and the responsible individual is unavailable. Process can be served via a mail when the person is not present in the given state and 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. A process server may serve the petition, summons or complaint directly to the defendant in a manner known as personal service by the process server.