Let’s say you have an important court matter, such as a small claims lawsuit. You may or may not have an attorney for your legal matter. When you go to the courthouse to file your papers, they inform you that you have to have the papers served to the respondent and ask if you want the sheriff’s department to do it or if you want to hire a private process server. Many people don’t know how to answer because they were not aware that service of process was necessary in all court matters. Here’s why process servers are so important to the process.
Knowing About Court Cases
The biggest reason that courts require documents to be served to the responding party is because you have a right to due process. A right to due process means that you have the right to fight any legal matter in a court of law, yet you cannot fight a matter in court if you are not aware of it. For this reason, courts require documents to be served to the respondent in a timely manner and before the case can be heard in court.
Third Party Service
Most courts, including Florida courts, require that a third party unrelated to the case serves the court papers to the respondent. This is for several reasons. First, a plaintiff handing court documents to a defendant could result in a physical altercation. Second, anyone can say that they delivered court documents to a respondent; but if you are not a registered process server, it is really just your word against theirs as to whether or not they actually received them.
Finally, a third party that is registered with the court is required, so that there can be proof of service and unbiased testimony as to whether or not the respondent received the papers. This is important because if a respondent claims they were not properly notified of a court case, it can easily be dismissed.
If you are in need of a private process server, contact us today for more information or to get started.
