What Does It Mean To Be Served?
You’ve likely heard about it in the movies. A person arrives at your doorstep with a manila envelope, hands it to you, and says, “You’ve been served.” And then the music swells dramatically. But in reality? Not like Hollywood. When the actual papers do arrive at your doorstep, it is stressful, confusing, and requires answers; it requires them now.
In this article, we are going to simplify just what “being served” is, what you must do regarding it, and why getting expert assistance is crucial.
What Is Actually “Being Served”?
The simple fact is this: being served means that you have been officially informed that there is a legal issue that includes you. You are sued, or the court wants to inform you about something legal, and they must inform you in a certain way to make it official.
It is a proper court process that serves one main purpose: fairness. The process is trying to ensure that you understand what is going to become of you and that you have a fair opportunity to stick up for yourself. A failure to properly serve can mean the entire case is dismissed.
So when they deliver service, they are providing you with an official notice that they are requiring action and promptly.
What Papers Might Be Served?
Depending on your case, you might be given various kinds of papers:
People are sued for all sorts of reasons. Perhaps a person is suing you for money, such as a personal injury suit, a car wreck, or a debt. Perhaps there is a dispute related to a contract. Perhaps an employer is suing you for wrongful termination or discrimination. Whatever the reason, those forms mean that someone is suing you in court.
How Does Service Really Occur?
There are certain requirements regarding how service is done, and they must be adopted verbatim. If they are not, then the whole is invalid.
The server is a “process server.” Most times, this can be any person who is not a party to the case. Some folks pay professionals. Others have police officers like sheriffs or constable officers who do this. Point to remember: it must be done correctly.
Here are the key ways in which service occurs:
The Risk of Neglecting Service
Don’t do this. That is, ignoring a suit. That is the Worst Possible response. You think that not taking the papers will make the problem disappear. They won’t disappear. Even if you decline to take the papers, the court will still consider it proper service if the process server located you and attempted to do so.
After serving you, the court will provide you with a response deadline. Typically 30 days or so, although this will depend on where you are located and what type of case this is. (Certain cases, such as eviction cases, provide 3 days.)
If you fail that deadline or fail to answer, this is what will happen to you: the other side will ask the court for a “default judgment.” You lose by default. You lose your right to defend yourself. You lose even before your side is heard. They can recover money from you, take your children, or impose whatever they are demanding.
That’s not a joke. That’s the actual effect.
What You Have to Do Immediately
If You Believe You Have Been Served, Act Quickly:
Getting Professional Help for Service
If you are the plaintiff bringing the suit, having service completed correctly is strictly imperative. You screw up once, and your suit is dismissed. If the opposing side is not properly served, you lose.
If you have work that needs to be completed right away, require assistance in tracking down a person who is evading, or simply desire reassurance that everything will be completed properly and professionally, that is where professional process servers, such as LawServePro, are accountable. Our professional process servers at LawServePro are familiar with the regulations right and wrong, they deliver the work with dependability, and they ensure that each paper is properly filed.
Bottom line: a lot is at stake in taking care of legal service issues. Having your case right the first time is a protection.
Don’t put this to chance if there is a prospect of a lawsuit or serving someone. Hire a professional process server like LawServePro to ensure that this is done right and at the right time. Contact LawServePro here to get your papers served the right way, today!
Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!
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