Frequently Asked Questions About Process Serving
You’ve heard the phrase, “You’ve been served!” but do you know all of the legal technicalities behind that phrase?
It’s called service of process, a critical component to the beginning of any civil lawsuit.
What Is Process Serving?
Service of process is the first requirement to initiate a lawsuit. It’s the part of the process that informs the other parties of their involvement through the formal delivery of papers like complaints and motions.
Process serving also legally establishes which court has jurisdiction over the case. For instance, if Jamie was injured in a car accident because another driver on the road named Alison crossed into his lane while she was texting on her phone, Peter could sue Jenna for negligence. He would begin this process by filing to have Jenna served a summons and complaint of the lawsuit.
Who Completes Service of Process?
Technically, anyone who is over 18 and not involved in the lawsuit can serve the papers. However, it is always best to only trust experts to complete service of process. In the past, only the local sheriff was responsible for serving these court documents.
However, sheriffs have many other responsibilities and cannot always serve papers promptly. Professional process servers have come into business to fill that void and deliver papers for a fee. These process servers tend to offer faster, more efficient, and more reliable service of process than sheriffs.
What Information Is Usually Held in the Served Papers?
While not all process of service is the same, it usually begins with a summons that outlines for the defendant why he or she is being sued and in which court. Also included in the summons is the time period the defendant has to respond.
The complaint that comes along with the summons lists the wrongdoings that the plaintiff has accused the defendant of committing, as well as the legal remedy being pursued. If the person served does not respond to the summons in the necessary time frame, the plaintiff can request a default judgement from the court.
If you or your company needs the support of professional process servers to deliver papers, call Accurate Serve of Fort Myers. Our office covers the entire 20th Judicial Circuit of Florida, so we offer superior service in Charlotte, Collier, and Lee Counties.