The Role of Process Servers in Your Legal Cases
Process servers play an important role in the judicial system. Essentially, they Process server have the job of getting the right papers to the right people. These legal documents are used to notify an individual of legal filings and even to compel a person’s appearance at court proceedings. Process servers are hired to serve various types of legal documents.
Summons for a Civil Case
Summons are issued in civil cases to notify someone that a complaint has been filed against them. An alias summons is issued when the original summons is unsuccessful. It is sometimes referred to as a pluries summons, which is an additional summons issued when the previous summons produced no results. In Florida, summons must be served within a certain timeframe. A professional process server can get the summons delivered to avoid a delay or chance of dismissal of your case.
Mortgage Foreclosure Documents
In the State of Florida, foreclosures are treated as lawsuits due to the lien theory. Since this requires foreclosures to go through the courts, a mortgage foreclosure complaint and lis pendens must be served to the individual in default. A process server can help move the process along for the lender by serving these notices.
Residential and Commercial Eviction Summons
A three-day eviction notice is generally used when an individual is in default of their lease, such as failure to pay the monies required for rental of the property or consistent late payments. These notices are served before the final eviction notice and allow the person time to make payment or to find another place to go. A seven-day eviction notice is used in the case of other violations. This could involve criminal activity on the premises.
A professional process server can expertly handle eviction notices. Often in the cases of eviction, property managers may be dealing with an irate person. Process servers have the experience to deal with this type of situation in a safe and effective manner on the property manager’s behalf.
Writs to Recover Money or Property
A writ of garnishment is an order granted that allows a third party to garnish someone’s wages to recover monies owed. Writs of garnishment must be served in a timely manner to allow the garnishee time to respond. A writ of replevin orders a person to gain possession of collateral or return property to its rightful, legal owner. A process server can assist you with the process.
Subpoenas to Compel Appearance
Another job of process servers is to serve subpoenas that will compel an individual’s appearance. An experienced professional understands all the rules and regulations surrounding the process. There are several types of subpoenas that you might need to have served:
· Subpoena for a Deposition – Requires the recipient’s appearance for a legal interview.
· Subpoena for a Hearing – Requires the recipient’s appearance for a hearing to present testimony.
· Subpoena for a Trial – Requires the recipient’s appearance at a trial to present testimony.
· Subpoena Duces Tecum – Requires the recipient’s appearance at court to produce documents or other evidence.
A professional process server can serve many other types of initiating documents and legal notices, including the following, on your behalf.
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