You’ve heard the phrase, “You’ve been served!” but do you know all of the legal meaning behind it? Being “served” is a part of a procedure called service of process, and it’s the first step of any civil lawsuit. You never know when you will find yourself initiating or receiving service, so it’s important to understand the basics.
What Is Service of Process?
Service of process is the initial step required to begin a lawsuit. It’s so important because it includes all of the steps necessary to inform other parties of their involvement in the lawsuit. Service of process makes these notifications using the formal delivery of papers like complaints and motions.
Service of process also legally establishes which court has jurisdiction over the case. For instance, if Samuel was injured in a car accident because another driver on the road named Joanna crossed into his lane while texting on her phone, Samuel could sue Joanna for negligence. He would begin this process by filing to have Jenna served a summons and complaint of the lawsuit.
Who Completes Service of Process?
Technically, anyone who is over 18 and not involved in the lawsuit can perform service of process. But that’s not always a wise choice. It is best to trust expert process servers to complete service of process.
Local sheriffs were once responsible for serving court documents, but professional process servers have become more accessible throughout Florida over the past ten years. Process servers deliver papers for a certain fee. These process servers offer faster, more efficient, and more reliable service of process than the sheriffs.
What Information Is Usually Held in the Papers?
While not all service of process is the same, it usually begins with a summons that outlines for the defendant why he is being sued and in which court. Also included in the summons is the time period the defendant has to respond.
The complaint that comes along with the summons lists the wrongdoings that the plaintiff has accused the defendant of committing, as well as the legal remedy being pursued. If the person served does not respond to the summons in the necessary time frame, the plaintiff can request a default judgment from the court.
For more information about service of process, or to find a reputable process server for your own legal needs, contact Accurate Serve Denver. The accredited process servers at Accurate Serve have been meeting the needs of legal professionals and individuals since 2009, and can surely help you with whatever issues you are currently facing.
