When legal proceedings commence, the process of delivering legal documents might seem simple at first glance. However, serving legal documents is built on a key principle known as due diligence. For process servers, due diligence isn’t just a step in the process; it forms the profession’s core and helps keep our legal system fair.
What Is Due Diligence In Process Serving?
Due diligence means taking every reasonable and careful step to locate the person who needs to receive legal documents and ensuring they get them in person. In simple terms, it’s about showing the court that, as process servers, we’ve done everything possible to inform the individual about the legal action against them.
Why Is This Effort So Important?
· Everyone Deserves a Fair Chance: The right to be notified of legal proceedings is a fundamental to justice. If an individual is never informed, any decision made could be unfair.
· Protecting the Legal Process: Without thorough personal service, the integrity of the case is at risk. For example, a default judgment might be entered against someone who never even knew they were being sued.
To prevent such issues, the legal system requires us to make personal efforts before considering alternative service methods like leaving documents with another adult or publishing a notice in a newspaper.
What Are The Best Practices That Process Servers Follow To Ensure Due Diligence?
When it comes to due diligence, many common practices are followed by professional process servers across the field:
· Multiple Service Attempts: Process servers often try to serve legal documents at different times of the day and on various days including mornings, evenings, and weekends. This increases the likelihood of catching the recipient at home. Some process servers schedule attempts every 48 hours with specific times set aside.
· Verifying Address and Contact Information: It’s important to double-check that the address is correct before serving. This might involve reviewing public records, using online databases, or confirming with neighbors or building management. Whenever an address is unclear, confirmation from at least two independent sources is usually required.
· Observing and Gathering Details: Simply knocking on the door isn’t enough. Process servers note important details such as whether lights are on, the presence of vehicles, or delivery activity that hint at occupancy. Any conversation with residents or neighbors is carefully documented as it may offer clues about the person’s schedule or whereabouts.
· Keeping Thorough Records: Every attempt is recorded with dates, times, locations, and any details about interactions or observations. Many process servers now use mobile apps with GPS tracking and photo capabilities to create verifiable records.
· Understanding Local Regulations: Since practices can vary from state to state, it’s important for process servers to be well-versed in local laws. This covers rules for direct personal delivery as well as for alternative methods such as substituted service or service by publication.
· Maintaining Professionalism and Persistence: Even when individuals avoid service or behave uncooperatively, process servers continue their efforts respectfully and persistently. This attitude is crucial to ensuring legal documents are ultimately delivered as required.
When personal service isn’t successful despite these careful efforts, process servers compile their detailed records and present them to the court to request approval for alternative methods. These records serve as clear evidence that every reasonable step was taken.
Are You In Need Of Process Servers Who Truly Value Diligence And Transparency?
For legal professionals and people who need reliable process service, choosing experienced and trustworthy process servers is essential. At LawServePro, we believe that thoroughness and accuracy are the cornerstones of a fair legal process. We are committed to ensuring that every document is served with the highest level of care and attention to legal standards.
At LawServePro, we understand that due diligence is not just a formality; it’s the foundation of ensuring every party is fairly informed. Give us a call today and let us show you how our reliable and precise service can make a positive difference in the outcome of your case.
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