What to Know About Process Serving

The serving of legal documents is an important aspect of the legal process. Whilst in many circumstances delivery via the post or hand, is fine, in some case it may be necessary to hire a private process serving firm. This is often the need when a situation has become volatile. In other cases the party in question may be avoiding receipt as a delaying tactic.

An experienced private process serving firm will have the resources and knowledge to properly and quickly serve the papers in question. These firms have "seen it all" as it were, and are familiar with the tactics people use to avoid being served. Hiring a personal service will make quick work of the job so that the proceedings can move along quickly. No need to perpetually stretch things out.

When considering a private serving firm, there are a number of things to consider. As most people do not have to deal with this situation regularly, it is important to understand the factors that go into making the right choice of firm. Here are some of the common considerations and things to understand before hiring a document serving firm.

Experience is the number one criteria. With the Internet now as a major means of finding firms and organizations, it is important to do one's due diligence. Almost anyone can put up a decent looking website. Carefully review the firm's experience and time in business. Whilst there is nothing inherently wrong with using a new firm it is important to determine the background and experience of the personnel.

Also check the cities and regions that the firm covers. One should consider this in respect to where the documents shall be served. If the party to be served is in a different location or is frequently out of the area be sure the firm has suitable resources.

Once you have established a short list of potential firms it is time to make inquiries. Contact each firm and relay the situation and any other relevant facts. This initial contact may be via email or telephone, but in any case the firm should set up a real-time discussion to get all the details.

When discussing specifics one of the first questions should be regarding fees. Do not feel awkward about this – just like any other service firm, it is important for you to know the structure of charges and what is involved. Mostly they will charge a fixed fee based on a standard set of services and attempts. If the situation is more complex and involves travel, this fee structure should be discussed as well.

The other thing to enquire about is the confirmation of document serving. This is typically a sworn affidavit from the server or a certificate of service from the firm. This is important as the document has to be valid to be used in legal proceedings.

Lastly, one should discuss the experience of the firm. If you have a list of questions, make sure they are all answered and you feel comfortable with the personnel and potential tactics. All firms must serve in accordance with Civil Procedure Rule (CPRs). Any deviation from these procedures could invalidate the serving, leading to problems in court or proceedings.

Hiring a process server doesn't have to be a laborious task, but it is important to use an experienced and reputable firm. Doing your own due diligence is important so that things go smoothly and the proper proof of service is acquired.