Coleman Process Service, Inc.
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What is a Process Server?
A Process Server services are searched for more and more these
days. In todays economic situations and surrounding events their
services are highly needed. Service of process is the procedure
used to give legal notice to a person (such as a defendant) of a
court or administrative proceeding over that person so as to enable
that person to respond to the proceeding before the court, body or
other tribunal. Usually, notice is furnished by delivering documents,
such as summons, complaints, subpoenas, writs and other court
documents (called "process") to the person to be served.
Service of Process must be served by an individual who is over 18
years old and not a party to the case. Some people try to get a
friend or family member to serve these documents for them to
avoid the fees but this is not recommended. If the documents are
not served in accordance to the law and the defendant does not
appear in court, he or she can always argue that they were not
served properly. Then you will have to start the procedure over
from the beginning. Click Here to get started
Some individuals opt to trying the Sheriffs Office or the Police
Station to serve their documents. The Sheriff's fees are slightly
lower than a private process server but their quality of work is also
lower. Some Sheriffs Offices may not have the man power due to
the budgets cuts to perform your task in a timely matter.
What does a Process Server do?
Here at Coleman Process Service, we
specialize in Service of Process. We deliver
(or serve) legal documents to a defendant or
an individual involved in a court case. Each
jurisdiction has rules regarding the means of
service of process. Coleman Process
Servers are knowledgeable in the areas that
they service.
Proper service of process initially establishes personal jurisdiction of
the court over the person served. Our staff adheres to all CPLR in
the field and in the office, to insure that all of our affidavits are
accepted in court. If the defendant ignores further pleadings or fails
to participate in the proceedings, then the court or administrative
body may find the defendant in default and award relief to the
claimant, petitioner or plaintiff. Service of process must be
distinguished from service of subsequent documents (such as
pleadings and motion papers) between the parties to litigation.
Summons and related documents must be served upon the
defendant personally, or in some cases upon another person of legal
age and discretion at the person's residence or place of business or
employment. In some cases, service of process may be effected
through the mail as in some small claims court procedures. These
services are refered to as Nail & Mail. Once the documents are
delivered, the process serving agent must provide proof that the
papers were served. This is done through a document called an
Affidavit of Service, also called a Proof of Service, which must be
notarized and given to the party who requested service.
In the past people did not have the right to know that there were
legal proceedings against them. They would only find out when
magistrates showed up with the sheriff and seized their property,
throwing them into debtor's prison until their debts were paid. The
Fifth and Fourteenth Amendments to the United States Constitution
prohibit the federal government and state governments from
depriving any person of life, liberty or property without due process
of law. Therefore the process server is "serving" the recipient with
notice of their constitutional right to due process of the law.
Coleman Process Service will also file your papers with the courts,
we do document retrieval and offer various types of investigations:
skip trace, people locates, surveillance, etc. Click Here.
Why You need a Process Server
In todays economic climate there are more lawsuits and Civil Court
proceedings than ever. Every time you turn around someone or
some Corporation is being sued or are having some legal procedure
filed against them. The Banks are being sued. Companies on Wall
Street are being sued. Small business are being shut down. Couples
are getting divorced more now. Families are being evicted from
their homes. Child support cases are on the rise. Custody cases
between husband and wife. The list goes on and on.
Hiring a Private Process Server, such as Coleman Process Service,
is an important step in proceeding with a court case. In some
states, someone who performs service of process is required by
law to be licensed. Coleman Process Service, Inc. is licensed by the
New York City Department of Consumer Affairs. License #1307150
Click Here to get started.
Even if a process server does not need to be licensed in the state
where you need service, remember that a process server is
someone who is experienced in serving legal documents efficiently.
More importantly, professional process servers are knowledgeable
of the legislation surrounding service of process in their area. There
are several requirements and constraints associated with serving
legal documents that vary from state to state, or county to county.
If the service is not performed in accordance with the law, this can
hinder your case from going forward or result in the dismissal of
your case.