From many people’s perspectives, the choice of who to hire to act as a process server is a largely arbitrary one. As long as they do the job, the mentality goes, it does not matter that much. However, if you choose the wrong person to perform service of process, you might wind up regretting it later. Here are five ways your choice of process server could make a difference in your case:
- Tracking down elusive defendants
- Unsurprisingly, many people who become the targets of lawsuits do not want to be served a summons and complaint, because that means they must go into court to defend themselves. To deal with this, some defendants will go to extraordinary lengths to avoid being served. Experienced process servers know how to track down these elusive defendants, which can help you get your case moving forward.
- Ensuring effective service of process
- The legal standards for effective service of process are quite strict, and even a minor deviation from those standards can result in the service being considered defective. If that happens, the summons and complaint may need to be served all over again to meet those strict standards. Getting the right process server means increasingly the likelihood that they will get it right the first time, letting you focus on your lawsuit.
- Meeting the strict standards for substituted service
- The courts tend to prefer in-person service of process whenever possible, but so-called “substituted service” is available as an alternative. The standards you must meet to be able to use substituted service are at least as strict as personal service, however, making it that much more important that it gets done correctly. A skilled process server will make sure substituted service is performed properly, minimizing the risk of legal complications that might otherwise come up.
- Helping you ensure everything is complete
- For service of process to be complete, it must have a summons and complaint with complete information about the case, including the parties involved and the court where it will be held. If any of this information is missing, or if service of process goes forward with incomplete or incorrect information, it may be judged to be defective. A good process server will check to ensure you have everything in order, protecting you and your interests.
- Avoiding future legal problems
- The biggest reason your choice of process server matters is that choosing the wrong one can lead to future legal difficulties. Ineffective service can not only drag out your case by forcing you to attempt service of process repeatedly, it can even cause you to miss crucial deadlines that can significantly impact the chances of success in your case. Thus, you should always make sure to contact experienced process servers who can help you with your case.
The process servers at Nicoletti & Harris have provided nationwide service of process and litigation support for our clients since 1986, giving us the experience to handle the demands of the modern legal environment. We provide service for all areas of law, assisting clients throughout New York, New Jersey, and Florida, as well as the rest of the country. If you require a process server or other forms of litigation support, contact our New York office at (212) 267-6448, or you can contact our New Jersey office at (732) 677-3903, or you can visit our contact page.