An Overview Of Serving An Individual With Legal Documents

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Are you starting the process of filing a lawsuit against another person? Know that they will need to be given the paperwork in a formal way to ensure that the defendant is notified. Here is an overview of what is involved to ensure that handing them the documents is done correctly. 

Initiate The Legal Process

Everything starts by filing the paperwork with the court that needs to be given to the defendant. The documents contain an outline of the legal action, as well as who is involved. These documents must be delivered to the defendant in a proper way by using a third party. It helps verify that the defendant actually received the documents and is aware of the legal actions being taken against them.

Select A Process Server

You need to find someone to serve the paperwork to the defendant. Thankfully, there are process servers that do this exact job for you. They are well versed in the legal process that must be used to officially give someone legal documents, which helps ensure that everything is done correctly so the defendant cannot avoid the legal requirement to go to court.

Locate The Defendant

The defendant must be found in order to serve them the legal documents, which can sometimes be difficult. You cannot just put the document in the mail, because you do not know if that person will even open that letter and see the document. It must be hand delivered, which means you need the defendant's exact location. A process server can help locate someone who is trying to hide from you by doing the necessary research.

Serve The Documents 

It's not enough to hand the documents to the defendant in the legal matter. A process server must take steps to identify the person as the defendant in the case. This means that they may confirm the person's name before handing them the legal documents, or even find a way to request to see their ID to avoid all doubts. 

Document The Delivery

The process server will document that they delivered the legal documents in a proper manner. This is done by completing an affidavit that states when and where the documents were delivered, the method that was used to deliver the documents, and how the defendant was identified. Be aware that an affidavit is a written statement made under oath, which is why a process server must be truthful about the entire process. 

Contact a local process serving service to learn more. 

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1 June 2023

Find Legal Help for Your Loved Ones

After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.