According to the due process of the law, each person has a right to be notified if legal action is taken against them and also has a right to know if court actions are taken in their case. To ensure that everyone is adequately informed of court actions, the law stipulates that legal documents pertaining to these actions must be delivered in person. In most states anyone over the age of majority who is not part of the case can act as a process server and deliver the legal documents. Sounds simple? It is not, but a professional process server at Associated Services can help you navigate through the rules of the law that govern your particular type of legal case and make sure that the documents are served right the first time.
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Legal papers must be served the right way! There are no exceptions to that rule, and when family court matters are involved, there is a lot to take into consideration in order to ensure that the legal documents were properly served and the affidavit correctly executed.
There are many different Family Court Matters – divorce summons and complaints, child support summons and petitions, child support collection enforcement, petitions for visitation. The process server who handles the case must be very knowledgeable about the rules that apply to each case depending on the filing court and the docket (case) letter. At Associated Services we look at each Family Court case separately before we send it out with the process server. We make sure that we apply the correct rules for service permissible by the court, and in case of court orders signed by a Judge, we carefully follow the instructions stated in the paperwork, adhering to time frames and deadlines. Here are a couple of Family Court cases we have successfully resolved: Service of process is an essential step in commencing a civil lawsuit. In fact, service of process is so essential in a lawsuit that, if it is not performed properly and the affidavit of service is not correctly executed, a lawsuit cannot proceed. Service of process is critical because:
Understanding the importance and weight of a service of process is essential to the outcome of a lawsuit. Knowing the process server, the person who delivers the notice of a lawsuit, to the parties required by law, is imperative. Under the federal rules, any person who is not a party to the lawsuit and is at least 18 years of age can effect proper service. Is this enough to ensure the proper service of process on your defendants? At Associated Services we strongly believe it is not enough. Times and again we have helped law firms and private individuals “repair” the harm done by other people who have attempted service or have failed to execute the affidavit properly. At Associated Services our process servers are trained and supervised on how to handle difficult service of process. We handle every case differently to guarantee the quality of service and ultimately that your case will not be rejected on the grounds of a bad service of process or incorrectly executed affidavits of service. When a plaintiff brings a lawsuit against a defendant, the law requires the defendant to be served a notice of the court. Prior to sending out a process service in the field, Associated Services gathers information pertaining to the case from the client (attorney, law firm or paralegal). This information helps us decide on the best way to approach and serve the defendant or the person to be served. Based on the details of the case and the time frame for service, we instruct our process servers in order to maximize the chance for personally serving the defendant. Due Diligence Once the legal paperwork is in the field, our process servers perform due diligence on their first attempt. The servers must document that they have tried every available means to locate the defendant, and any other means of notification can only be utilized as a last resort. Professional process servers are crucial to have here, since they will know how to demonstrate to the court that they have attempted to do their job the best they could Substitute Service After every reasonable option has been exhausted, certain legal cases will allow for the person to be served by “substitute service.” In this case, the process server leaves the court documents with a relative or a roommate at the defendant’s address. Substitute service is allowed only after the process server has verified and confirmed that the address given is indeed the defendant's address or usual place of abode. In every legal case, it is always important to make sure your court documents are served correctly. Without proper process serving, your entire legal case could end up being rejected by the court, due to improper service of process or incorrectly executed affidavits of service. At Associated Services, we handle every service of process differently! We apply our knowledge and experience to guarantee that your process service will be done right the very first time! Call us today (315) 488-1698 to find out how we can help you! © ASSOCIATED SERVICES EXCELLENCE in LEGAL SERVICES for OVER 30 YEARS Law firms have increasingly begun to address the explosion of costly high-volume litigation matters by teaming with a dedicated legal outsourcing provider to optimize their internal efficiency and cost-effectiveness. Service of process is a very important part of the litigation process and law firms, county family court offices and corporate legal departments can safely outsource to an experienced process service agency. Most firms and corporations outsource primarily for cost saving measures and this is considered the biggest advantage for legal process outsourcing, or in particular outsourcing the service of process. It also lends itself positively to the overall business health of the legal firm. Paralegals and legal secretaries can focus more on specialized areas and precious resources can be freed up to further these. At the same time law firms and county departments gain access to a breadth of skills, technology and service offerings, at a reduced cost. How Outsourcing Process Service Benefits Your Law Firm? |
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