Let’s say you’re going about your day when someone hands you a sealed envelope. It’s not a birthday card or a lottery ticket – it’s a process server. These legal guardians are essential for the wheels of justice to turn.
From subpoenas to summons, process servers are like the middlemen in court proceedings. They ensure the individuals involved in a legal matter are properly notified of their involvement.
As fascinating as their job roles are, process servers are often portrayed as resorting to elaborate disguises. But how much truth is there to this portrayal? This article will debunk some common myths about process servers while highlighting what their role entails.
Myth 1: Process Servers Are Law Enforcement Officers
Fact
Process servers do not have the same authority as police officers. At no point in discharging their duties can they make an arrest. They are not law enforcement agents either, as their role simply involves delivering legal documents to the appropriate individuals involved in a legal matter, all the while following legal protocols.
Myth 2: Process Servers Can Enter Your Home Without Permission
Fact
Like every other resident of a place, process servers are subject to the same laws. Process servers must respect private property and can only lawfully deliver documents. They may leave documents with another resident at the address or find alternative ways to serve you if you are not available. But breaking in is out of the question.
Myth 3: Hide and Seek Won’t Win Your Case
Fact
It is a commonly held misconception that you can avoid legal action by evading a process server. However, this is untrue. Doing this does not make your legal issue go away.
There are court procedures in place for situations where an individual cannot be personally served or is evasive due to a mobile lifestyle. These procedures include serving by publication, email, or serving a relative.
Avoidance might only delay the process, but it won’t prevent the legal proceedings from moving forward. In many cases, it even attracts more fees to cover the cost involved in trying to serve you. While some situations might require extra effort, most people understand that serving is part of the legal process and cooperate with the server.
Myth 4: Process Servers Have to Hand Documents Directly to the Recipient
Fact
Contrary to popular belief, physically handing someone the papers isn’t always necessary. Yes, personal delivery is ideal, but process servers have options. Leaving them at a residence with a competent adult or even certified mail suffices as proper service, depending on local laws.
Myth 5: Anyone Can Be a Process Server
Fact
A process server must be knowledgeable about court rules and be adept at research. Hence, not everyone is best suited for the job. In some jurisdictions, process servers get registered or need licenses. Some even go through training and may need to pass background checks.
Conclusion
It is important to understand the contributions of process servers to the legal system. While many process servers are hired by law firms, private individuals and businesses can also hire them. If a situation arises where proper notification of a legal matter is required, a process server can fill that role.
Also read: Understanding the Power of Dedicated Servers in Hosting
