Service of Process
Quick and Professional
The team at Absolute Services can handle the service of any legal documents quickly and professionally. Once we receive your documents, we immediately:
- Assign an Absolute Services registered process server
- If service is on a business entity, we determine the registered agent
- Determine last known address
- Document all service attempts
- Provide online access and phone support for clients
- Supply GPS and photo data for every service attempt (if needed)
Our experienced process servers work efficiently and provide full documentation. Clients can log into our system 24/7 and see the status of their process service as well as photographic and time-stamp documentation of service. We make it easy to upload your documents, track service attempts, and provide clear-cut, legal evidence of service that will hold up in any court case. At Absolute Services, it is our personal service that makes the difference.
Key concepts around Service of Process
In the realm of civil litigation, civil procedure dictates the rules and standards that must be adhered to as legal matters navigate through the court system.
One pivotal aspect of civil procedure is the “service of process,” which refers to the formal delivery of documents, such as summonses, complaints, and subpoenas, to a party involved in a legal case. Ensuring that parties are adequately informed of legal actions involving them is crucial to uphold the principles of justice and fair play.
Within this, “substituted service” emerges as a method employed when conventional service methods, such as personal delivery, are unfeasible or have proven unsuccessful for the process server. Substituted service might involve leaving the documents with a responsible person at the defendant’s residence or place of business, or employing alternative methods prescribed by relevant jurisdictional rules.
However, it’s vital to note that for service to be deemed valid, the method utilized must be calculated to provide “actual notice” to the defendant, meaning the party must be genuinely made aware of the impending legal actions. Hence, the principle of “actual notice” safeguards the defendant’s right to be informed and to defend themselves adequately within the legal framework, ensuring the procedural due process is respected and maintained.
Accepting service, refers to the act of willingly receiving the legal documents, such as summonses or complaints, that are being formally delivered in the context of the service of process. This acknowledgment means that the party (often the defendant) or their legal representative openly recognizes and accepts the documents. In most jurisdictions, parties have the right to accept service voluntarily, and upon doing so, the process of proving that the documents were delivered (which can sometimes be a contentious issue) becomes straightforward.
The accepting party typically signs an acknowledgment of receipt, providing a clear record that the service of process has been successfully completed and the process servers have done their job. This act facilitates smoother progression of the legal proceedings as it helps to avoid any potential disputes or delays related to the adequacy of service. Furthermore, accepting service exemplifies a cooperative spirit in the proceedings, ensuring that all parties are appropriately informed and that the process moves forward adhering to legal and ethical guidelines.