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If you’re named as a defendant in a lawsuit, it’s possible that you are trying to find a lawyer or are wanting to equip yourself to the upcoming court case. Prior to employing a pricey attorney, however, it is advisable that you investigate if you have grounds to dispute appropriate services of process server. Service of process refers to the proper procedure of passing a summons to an individual for them to appear in court. The legislation dictates that the appropriate notice needs to be provided and if it is not then you are able to lodge a dispute. This article will point out the prerequisites needed for a correct service of procedure.
The principles concerning service of process are different according to the place; however, the procedure is similar in a summons must be delivered in one of three ways. The summons could be accessed either from the sheriff of the county, by certified mail, or by a licensed process server.
Whilst delivery via a sheriff and certified mail are self-explanatory, the delivery of summons by licensed process server may require further discussion. On the other hand, the process server is not exempt from regular legal requirements and he or she cannot trespass on one’s property or infringe on the human rights.
To avoid any breach of rights, the receiver of the summons must identify himself or herself to the process server and acknowledge the receipt of this documentation. It’s deemed unacceptable for your process server to leave the documentation in someone’s residence without getting any confirmation of reception. Correct support of process also needs the summons to be served with a specified deadline. If the deadline is missed, the summons will be considered satisfactorily served along with a dispute can be filed.