Many people go throughout their lives without ever needing to know what a process server is. Unfortunately, there can come one dark and dreary day when human resources calls you in at work because someone is there to give you a delivery…
Next, you meet a stranger that appears to know your name and WHAM gives you documents you probably don’t want. Suddenly you are jettisoned into a world of things to do in order to respond to the papers. The next question is usually, “Now what?”
What is a Process Server?
A Process Server is an unbiased 3rd party who is licensed to deliver correspondence between two parties involved in a court proceeding. It would be pretty terrible to be sued by someone in a court of law and not have the opportunity to respond, which is why we need Service of Process.
What is the Service of Process?
Imagine this: someone brings a lawsuit against you, you never hear about it, and you lose the lawsuit as a result. This would be a terrible way to navigate legal proceedings, which is why Service of Process exists.
The duties of a Process Server entails locating an entity or individual prior to a court proceeding in order to give notice that a case has been filed against them. Each state has different rules and regulations for proper service of legal documents. Whether the person who is served decides to avail themselves of legal counsel or not after the service of process is of no concern. Merely being put on notice is enough. A defendant ignores the serving of legal documents at their own peril.
What needs to be served?
As you can see now, the Service of Process is vital to our legal system. Here’s a few more important details to note:
If a lawsuit names multiple defendants, every party named in that document will have to receive service of process.
Service of process isn't only for people. Corporations, partnerships, counties, cities and other entities may be listed and subject to the court proceedings.
Lastly, though it may seem obvious, a server isn't able to walk into any business and just throw the papers on the counter and call it a day. Typically documents for a business must be serviced to an agent that is registered to accept legal process on that company's behalf. There may be different requirements for service upon different types of agencies.
Who can be a Process Server?
In general, most states aren’t overly restrictive when it comes to the requirements for working as a Process Server. Although regulations differ from place to place, generally a Process Server must be an unbiased third-party. That is, an adult who has no interest in the case at hand.
Neither the plaintiff nor the defendant can serve one another with legal documents, nor can the person who is acting as the Process Srver benefit from or otherwise be affected by the outcome of the case. Some states have additional requirements, including a residency requirement or certification for Process Servers. In every instance, it’s crucial to follow state regulations concerning how process is to be served, when service attempts may be made, and how the service is verified.
What Constitutes Proof of Service in Nevada?
Proof of Service, sometimes referred to as Return of Service or, when notarized, an Affidavit of Service, is a document that must be filled out according to local regulations in order to complete the Service of Process in most states. The person acting as the Process Server must sign the Proof of Service, effectively swearing under oath that service was carried out. The document records the who, what, where, when and how of the papers being served. Once this form is complete, the Process Server is legally liable for any issues that may arise from how the Process Serving was performed.
Reno Carson Messenger can help with your Nevada Service of Process needs!
Trusting a Process Server who is working independently can be worrisome. Though there are plenty of independent Process Servers who can be trusted, there are some who cannot. Without knowing the Process Server previously, or getting a referral, the best way to find a trustworthy Process Server is to work through a legitimate business. This ensures that you will be using a Process Server with a track record for punctual Service of Process and ensures that your case deadlines are never at risk of running past the statute date.
If you are in Reno, Carson City, Las Vegas, Elko, or any of the surrounding Nevada counties, Reno Carson Messenger Service is your trusted source for Process Serving. We are family owned and operated and have been reputably serving legal papers since 1981.