LegalYou: Process Server – The Difference Between Good And Bad
When you hear the term “process server,” you might think it’s some piece of computer hardware.
In actuality, it’s a person who plays an important role in the legal system. When someone files a civil suit against someone else, say, you, then you must be notified. So the sheriff, who has more pressing matters to take care of, assigns a process server to hand you the appropriate paperwork detailing the suit. But a process server has a number of standards and laws they must follow when tracking someone down. They can’t just go all willy-nilly onto a person’s property without permission.
Some of the following details bad process serving.
Sewer service, when notice papers are just left on the doorstep, or even in gutters and sewers. Believe it or not, that happens in good old Florida. Also, if the papers are left with someone under the age of 15.
Leaving them with someone who doesn’t actually live in your house doesn’t work either. Or even worse, with a person outside your residence who isn’t you. A process server can walk into a business or public space and approach you.
But usually though, they will come to where you live and knock on the door. If they do, be sure to answer the door and take the papers. You don’t have to invite them in for tea. But if the server thinks you’re avoiding them, they could get the judge to move forward without you.
The process server must explain the contents of the papers before they leave. The papers are required to contain the service ID number, initials, date, and time. If not, the service may be quashed or rejected later on. Now that you know bad process service, if it happens, you can ask the judge to quash or reject the service within your response time. Any other questions you have regarding this or other legal matters, visit LegalYou.com.