Constable Court Services Media Source 1/12/2022
Written by Constable Court Services
The court would call a process server a reasonable person, who meets the minimum requires of the state to provide proper service; and who is a trained professional legal server; and who is either licensed, certified or is authorize official of the court who serves court documents for a living. One such person(s) would be familiar with the rules of civil procedure for the jurisdiction or territory for which he/she choses to operate.
The Constitution states that the Fourteenth Amendment, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.” Thus, beginning the Service of Process phase. In this phase the process server is required to serve the legal documents on the Defendant, by personal service, or either to someone, living in domicile with the defendant, who is of suitable age and discretion by state law. I wrote an earlier article, in which I explain how due process works as it is related to the service of process:
“Service of process is the procedure for which a Defendant in a lawsuit or hearing is given appropriate notice. Due process requires that anyone served with a court order be given notice of the allegations or charges alleged against them. This is an important process because, without the execution of service, and proof that service has been accomplished, the court cannot go forward to hear the matter or give a disposition. All persons serving legal process must show the court proof that the legal documents have been served. This is done by the person who serves the legal papers whether it is a Process Server, Constable, Sheriff, Police Officer, or U.S. Marshal, all must file a return with the court. No one skips this process, and the server must provide the court with proof of service, in writing, in order for the service to be valid. Valid service gives the court the authority it needs to preside over the case. Without it, jurisdiction over the matter cannot be rendered or given a disposition.”
Anthony Barnes “Author” https://constablecourtservices.com/what-to-do-first-when-served-with-court-papers/ “What To Do First When Served With Court Papers.” Constable Court Services – Process Serving and Investigations 12/26/2021
Anthony Barnes “Author” https://constablecourtservices.com/how-do-you-find-out-if-someone-is-trying-to-serve-you/ “How Do You Find Out If Someone Is Trying To Serve You” Constable Court Services, LLC 01/12/2023
Often Law Firms and Clients find themselves at crossroads when it comes to searching for Defendants. There are signs at the beginning of financial problems for defendants that start to show instability and uncertainty. Defendants become inundated with bills that they can’t pay. This normally leads to having to relocate their residence. Most Skip Tracing Companies that are run by Process Servers know that finding a good address for the defendant will be essential to locating these types of defendants later on. Skip Tracing is a skill that most process servers do not have. True skip tracing is done by former law enforcement, Investigators, and Detective who have been trained to do so through a series of steps and techniques learned on the job in order to find the person who has absconded.
Duces Tecum is a latin term that means “you shall bring with you.” So, if you’re a Plaintiff, Defendant or Witness, you may be required to produce documents or evidence at an up-coming hearing.
A subpoena duces tecum means that you are required to produce tangible information or materials at a designated place and time, or you may be required to bring those items to court with you at a designated place and time.
Constable Court Services pioneered the way by becoming the first national network of process servers in the United States. With over 30 years of service behind us and an army of process servers that span the globe. In 2009, we became the first international network when we join with Canada and its Constables for North America Service.
Understanding that having a process server can be helpful. Your goal should be to find a professional server who is familiar with the laws of your state. Understanding the law is essential to the successful execution of the service of process. An experienced server knows the format of the proof of service and understands the required articulation required by the court. The affirmation should be clear, concise, and truthful. If you are looking for assistance click on your state below.
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