Process Serving is the act of handing a legal document to the person who has been named in the document. This article will outline the process of serving legal documents.
What Process Serving Means
Process serving is the delivery of legal documents to an individual or business. These documents are typically summons, complaints, subpoenas, and other court-ordered papers. Process servers are typically used by law firms, courts, and government agencies to ensure that these documents are delivered in a timely and efficient manner.
Types of Process Serving
There are two types of process serving: routine and non-routine.
Routine process serving is the most common type and involves serving documents that are not time-sensitive, such as summonses, subpoenas, and other court documents. This type of service can be done by anyone over the age of 18 who is not a party to the case.
Non-routine process serving is more complex and involves serving documents that are time-sensitive, such as eviction notices and restraining orders. This type of service must be done by a professional process server or sheriff’s department.
When Can Process Serving Be Used?
Process serving is a legal process whereby documents are delivered to an individual or business in order to notify them of impending legal proceedings. This could be anything from a summons to appear in court, to a notice of eviction. The process server must be impartial and have no connection to the case in question, which is why many people choose to hire a professional process server.
There are certain situations where process serving cannot be used, such as when the person being served is a minor or someone who is mentally incapacitated. Process serving can also not be used if the person being served is outside of the jurisdiction of the court.
When Should Process Serving Be Used?
Process serving is a legal way to deliver documents to someone who needs to be served. This type of service is often used in situations where the person being served is avoiding service or is unable to be located.
There are a few different scenarios where process serving may be the best option:
-When the person being served is avoiding service: If the individual knows that they need to be served papers but are actively avoiding it, process serving may be the only way to ensure that they receive them.
-When the person being served can’t be located: Trying to serve someone who can’t be found can be frustrating and time-consuming. In these cases, using a process server may increase your chances of success.
-When you need proof that papers were delivered: In some situations, you may need proof that papers were successfully delivered to the individual in question. This could be important if you’re taking legal action against someone and need to show that you’ve made a good faith effort to serve them notice.
How Do I Serve Someone With Process Service?
If you are served with process, it means that someone has filed a lawsuit against you or that you are being summoned to appear in court. The person who serves you with process is called a process server.
A process server will attempt to serve you with the legal papers at your home or work address. If the process server is unable to serve you, they may try to find you at other locations, such as a friend’s house or your place of recreation. Once the process server has located you, they will hand-deliver the legal papers to you.
It is important that you receive the legal papers, as they will contain information about the lawsuit or court appearance. If you do not receive the papers, you may not be aware of the lawsuit and may not show up for your court date. This could result in a default judgment against you.
What Happens if I Get Served Wrongfully?
If you are served wrongfully, there are a few things that can happen. The first is that you can file a motion to quash the service. This essentially means that you are asking the court to invalidate the service because it was not done properly.
If the court grants your motion to quash, then the entire process starts over again from the beginning. The person who is trying to serve you will have to start from scratch and try to serve you again correctly.To learn more about Illinois process servers, visit the page.
The other possibility is that you can file a counterclaim. A counterclaim is basically when you turn the tables on the person who served you and sue them for wrongful service.
You would have to prove that they served you wrongfully and that as a result, you suffered some sort of damages. If you are successful in your counterclaim, then the court could order the person who served you to pay your legal fees and any other damages that you incurred.