Is Being A Process Server Dangerous?
What Process Servers Do
Service of process is a part of legal procedures in the United States. This is an act that is something any citizen of the United States is entitled to under the Constitution. The people who serve process on others are called process servers.
Under the Fifth and Sixth Amendments to the Constitution, a person is entitled to be given notice of any legal proceeding being taken against them. The document that comes after a plaintiff files a complaint is a summons. This literally summons the defendant to take action against the claims being made against them in the complaint.
The act of serving these documents on a person is called service of process. This is where a person is served the notification of the legal action. At one time, local sheriffs were tasked with serving papers on defendants. This eventually became too big of a job for a single sheriff to handle so process servers were hired in a sheriff’s place.
Process of service is done in different ways in different states but generally, the server has to hand the papers to the defendant or otherwise get the documents to the defendant so that they are aware of the case against them. Some servers can send the documents by certified and registered mail. A return signature card signed by the defendant serves as proof that the service was given according to laws.
Once the service is done, the courts require such proof from the servers. These individuals must file a notarized affidavit of service. This serves as legal notice to the courts and the defendants that the court papers were delivered in accordance with the laws. Each individual process server may have their own way of completing the service but they have to prove it as per court rules in their jurisdiction.
