What Does Service of Process Mean?

“Service of Process” is a legal process that is followed to notify an entity or individual of a legal action that someone else initiated against them.

Service of process laws differs from state to state. For example, in some states, the law requires that a copy of the lawsuit paperwork should be hand-delivered while other state laws require that the court clerk or process server should mail the paperwork.

The person or office responsible for the delivery of the documentation should also keep a record of the date of service, which is the date the delivery was made. Service of process is the formal delivery of all legal documents, including a summons, writ of execution, note, or subpoena.

Service of Process Specialists

If someone takes legal action against you or your entity, they need to know who to serve the documentation to. You also want to be sure that you or someone that you authorized will receive all documentation relating to legal action against your business, for example, you don’t want legal paperwork to be delivered to a part-time cleaner on a Sunday morning.

Fortunately for all parties involved, there are laws in place that require a business to authorize someone to accept the process of service on behalf of the entity. The person that the company appoints as agent should reside within the state where the business formed, and there should be an additional agent in each state where the business conducts its activities.

There are severe legal repercussions if delivery is not carried out in accordance with the relevant state laws. If you are not legally aware of legal action against you or your business, the court will not be able to make a fair ruling, and the case may be thrown out.

What Does a Process Service Provider Do?

Service of process service providers, such as Barrister Support Services, Inc,  provide legal services in the United States taking care of their clients’ process serving needs. Law firms typically need process served on a regular basis and make use of service of process specialists.

These companies receive documents via courier or online attachments and transfer the documentation to their local process server. Until the time the papers are served, the process service provider will keep their client up to date on developments and unusual events. Many companies will also prepare affidavits for substitute service if necessary.

After they serve the documents, the process of service company will fill out and notarize the return of service and file the return with the originating court clerk before expediting the return of service back to their client.

The services of these companies are not usually limited to service of process. These legal service providers may also conduct court records searches, skip tracing, and motor vehicle searches. They may also prepare, notarize, retrieve documents, and file paperwork with the court clerk. Many higher-end companies will offer routine e-filing services to lawyers, private individuals, and corporate entities.

Adam Hansen

Adam is a part time journalist, entrepreneur, investor and father.