What Kind of Papers Does a Process Server Serve?

What Kind of Papers Does a Process Server Serve?

You might imagine that if you’ve never been a party to a lawsuit, then a process server just arrives with one form and serves that. That is not the case. Process servers deal with a whole plethora of various pieces of legal paper, each with its own function and its own requirements regarding how that must be served.

Understanding what documents actually get served helps explain why proper service matters so much and what you might be dealing with if you’re either filing a case or receiving papers.

The Documents That Start a Lawsuit

The summons and the complaint work together in the majority of people’s initial interactions with a process server.

The formal notification that you are being sued is called a summons. It provides you with information about who is suing you, which court is hearing the case, the location of the courthouse, and, above all, what you need to do in response. In essence, the summons is the court’s way of saying, “Hey, here’s the name of the person or company suing you, and here’s your deadline to respond.”

The summons is served with the complaint. What the plaintiff (the one suing) claims you did wrong is explained in detail in this document.

It outlines their claims, the harm they allege you caused, and the remedy they seek, typically money, but occasionally something else. The complaint provides you with the specifics of the lawsuit.

Both documents must get to you and be properly served. The entire situation may collapse if they don’t. Ignore the deadline, get served correctly, and the opposing party may request a default judgment from the court. In other words, you lose without ever having a chance to explain why.

Subpoenas: When to Present Yourself or Turn in Documents

A subpoena is a court order that requires you to provide documents or evidence or testify in court.

There are primarily two kinds. A subpoena to testify, or “subpoena ad testificandum,” requires you to appear in person and provide answers to questions while under oath. A subpoena for documents, also known as a “subpoena duces tecum,” directs you to collect particular documents or tangible proof and deliver them to the opposing party or bring them to court. Emails, financial documents, contracts, text messages, and anything else pertinent to the case may be included.

Process servers handle subpoenas because there must be official proof that you received them. You can’t later claim you never knew about it if a process server has a signed record showing they handed it to you.

Subpoenas are important because they allow attorneys to obtain the witnesses and evidence they require. You cannot ignore a subpoena if you receive one. If the court finds you in contempt, you could be fined or even imprisoned.

Writs: When the Court Orders You to Do (or Not Do) Something

A writ is an official court order that directs you to do something or refrain from doing something. Writs are used to uphold court rulings and ensure that people abide by them.

Several types of writs process servers commonly deliver, especially in situations involving debt or property:

Writ of Execution – This is served after the court has already decided someone owes money. The writ tells officials they can seize the debtor’s property or bank accounts and sell them to pay off the judgment. So if you lost a lawsuit for owing someone money, this writ is what makes the court order actually happen.
Writ of Garnishment (sometimes called a Bank Levy Notice) – A Writ of Garnishment, also known as a Bank Levy Notice, notifies banks or employers that they must freeze your income or bank accounts and transfer funds to settle a debt. This is how they actually get the money if you owe someone and they have won in court.
Writ of Attachment – This one gets served early in a lawsuit, before the case is even decided. It instructs the court to keep a certain item of property so the defendant cannot conceal it or sell it to evade paying a judgment down the road.

Another tool used by courts is an Order to Show Cause, in which a judge essentially asks, “Explain why I should approve (or deny) your request.” This must be presented to you by the process server so that you are aware that you must appear in court and present your case.

Family Law Documents: Handling Sensitive Matters

Family law documents are among the most sensitive things process servers deliver. People’s homes, children, finances, and safety are all at stake in these cases.

One spouse is informed by divorce papers that the other has filed for divorce. The papers explain what the filing spouse is asking for regarding property division, alimony, and custody. When the divorce is final, the divorce decree is served on both parties. These are the terms stated in the official document that declares the marriage to be legally terminated.

Orders governing child custody and support specify who is granted custody, when the other parent may visit, and the amount of unpaid child support. These orders may be handled separately or following a divorce. These must be served appropriately since both parents must be aware of their rights and obligations.

Child support and the identity of the legal father are determined by paternity actions. These get served to both parents so everyone knows the legal situation.

In cases of abuse or harassment, restraining and protective orders are vital. These directives prohibit someone from contacting, approaching, or harassing another individual. These orders frequently need to be fulfilled promptly because they may be urgent (someone may require protection right away). The individual is legally bound by the order as soon as they are served.

Other Important Documents Process Servers Deliver

There are plenty of other documents that need to be served:

The process of evicting a tenant from a property begins with eviction notices. The notice informs the tenant that they must vacate by a certain date, usually due to nonpayment of rent or a breach of the lease. An eviction case has officially begun.

Small claims documents are summonses and complaint forms for cases involving smaller amounts of money. Even though the dollar amounts are smaller, service still has to be done correctly.

Written requests for payment from creditors are known as statutory demands. When a creditor issues a statutory demand, they are formally notifying you that they are serious about collecting your debt and want payment.

Process servers also handle affidavits, judgments, notices of action, and motion records; basically, any court document that must be delivered to a recipient.

Why Proper Service Is Important

No matter what document is being served, one thing never changes: it has to be served correctly.

“Correctly” means it has to reach the right person using an approved method. Usually, that means personal service (handing it directly to the person). Sometimes it means leaving it with someone else at their home or workplace (substituted service). Sometimes it means certified mail.

A proof of service, also known as an affidavit of service, is filed by the process server following the delivery of the documents. “I served these papers on this person on this date at this location using this method”, reads the sworn statement. Names, addresses, times, and every other detail are all included.

This proof of service is absolutely critical. It’s the foundation that proves the court actually has authority over the case. Without it, or if there’s a problem with how the service was done, the court might throw out the entire case. That’s why process servers have to be so careful and why professional service matters.

Different areas have different rules about what counts as valid service. A professional process server is well-versed in the local regulations. They ensure that everything is completed correctly so that the case can proceed without issues.

At LawServePro, We Handle It Right

Legal documents come in many forms, each serving a specific purpose in moving a case forward. Getting them served correctly isn’t just a formality – it’s the foundation that keeps your entire case standing.

We understand that one small mistake in service can derail months of legal work. That’s why we take every document seriously and make sure every service is handled with precision and compliance.

Whatever documents you need served – whether it’s a summons, a subpoena, a protective order, or a writ – contact LawServePro. We’ll get them into the right hands the right way, so your case moves forward without problems.

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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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What Kind of Papers Does a Process Server Serve?

What Kind of Papers Does a Process Server Serve?

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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