Process servers play an essential role in legal proceedings. Their job ensures that people involved in a legal case are properly notified of their involvement. This process of notification is referred to as “service of process.” But what kind of papers does a process server serve?
Summons and Complaints
One of the most common documents a process server serves is a summons and complaint. A summons is a document that notifies an individual that they are being sued. It contains information about when and where the court proceedings will take place. It also gives them instructions on how to respond to the lawsuit.
The complaint, on the other hand, outlines the reasons why the person is being sued and what the plaintiff is seeking. Together, these two documents are often the first step in the legal process and must be served promptly and accurately to ensure the case proceeds.
Subpoenas
A subpoena is another type of document that a process server delivers, requiring someone to either appear in court or provide evidence for a legal case. Some subpoenas are for personal appearance, meaning the individual must attend court and give testimony. Others focus on the production of records, requiring a person or entity to provide documents, records, or other physical evidence relevant to the case. Subpoenas are crucial in gathering information, ensuring that key witnesses and necessary evidence are available to support the legal process.
Divorce Papers
Divorce is already a stressful process, and being served with divorce papers adds an emotional layer. A process server often serves divorce papers to one of the spouses, notifying them of the legal filing. These papers typically include details about the filing spouse’s claims regarding property division, alimony, child custody, and other matters related to the dissolution of marriage.
Eviction Notices
Evictions can be complicated, and legal requirements must be followed carefully. A notice of eviction, also known as an unlawful detainer, is a document that a landlord serves to a tenant to start the eviction process. A process server will often serve this notice to ensure it is legally binding. If a tenant is served with an eviction notice, they have a limited time to respond or move out, depending on the terms of the notice.
Small Claims Court Documents
Small claims courts handle cases where individuals or businesses are seeking a relatively small amount of money. In small claims court, you’ll often find documents like a summons to appear in court, claims for damages, or a plaintiff’s claim. Serving these papers correctly ensures that both parties are informed about their obligations and when they need to show up in court. Missing this information can result in a default judgment, meaning the person being sued could lose the case simply by failing to appear.
Child Custody and Support Orders
Child custody and support orders are critical documents in family law cases. These orders may outline how custody is to be shared between parents or how much child support must be paid. If one parent is initiating or modifying child custody or support, a process server will serve the necessary legal papers to the other parent. The receiving party must have the chance to respond or appear in court to argue their case.
Restraining Orders
When someone feels threatened or harassed, they may seek a restraining order from the court. Restraining orders prevent an individual from contacting or approaching another person. These legal protections can be critical for victims of domestic violence, harassment, or stalking. A process server will serve the restraining order to the individual being restrained, ensuring they are aware of the court’s orders. Once served, violating the terms of the restraining order can result in immediate legal consequences.
Other Legal Documents
In addition to the more common documents already mentioned, process servers may also serve a variety of other legal documents. These include:
- Writs: Court orders that command an individual or entity to perform or cease performing a specific action.
- Bank Levy Notices: Notifications that someone’s bank account may be garnished due to unpaid debts.
- Paternity Actions: Documents related to establishing legal fatherhood and determining responsibilities for child support.
Need a Process Server?
Knowing what kind of papers a process server serves can give you peace of mind in legal matters. Whether you need to serve court summons, subpoenas, or divorce papers, professional process servers are essential for ensuring that your documents are served accurately and on time.
If you’re looking for reliable process servers, Magna Legal Services is here to help. We ensure your legal documents are served properly, no matter the case. Contact us today to hire a process server who can meet your needs with professionalism and speed.