If you’ve taken legal action against someone in Shasta County, there are certain legal proceedings you must follow. Otherwise, your claim could get dropped or become ineffective. To fulfill all the requirements, you may need to hire a process server in Shasta County. Here’s why.
The Constitution Requires It
The U.S. Constitution states that an individual’s “unalienable rights” to “life, liberty, and property” cannot be taken away without the “due process of law”. This is where process serving comes in. “Due process” means that a defendant must be given ample opportunity to defend himself. To give the defendant that opportunity, he or she needs to be adequately notified each time papers are served in a legal proceeding.
To support this basic right, legal provisions have been set in place to ensure that a defendant has been served. A process server must follow certain rules for the delivery of the papers and must fill out a “proof of service” form or affidavit after service has been completed. This proof of service then holds up in a court of law. If the defendant doesn’t show for the proceeding and you don’t have proof that he or she has been served, your case could get thrown out of court. A judge is not allowed to make a ruling on a case where the defendant has not been adequately notified.
You’re Not Allowed to Do It Yourself
No person who is party to a court case is allowed to deliver documents to a defendant. That includes family members, business partners, or any other individuals who are party to a case. The person delivering the papers must be an uninvolved third party. Obviously, a process server fits the bill. Many lawyers use process servers to deliver papers to defendants.
You Don’t Want to Deal with the Defendant
By the time you’ve decided to file a lawsuit, a lot of water has gone under the bridge. Hopefully, you’ve already tried all kinds of alternative methods to solve the problem, but have encountered continued resistance, noncompliance, and sometimes even aggression from the other party. A lawsuit is your last-ditch effort to get resolution for your situation. You are very likely no longer on speaking terms with the other party and would find it extremely difficult to deliver papers to them.
A process server is an objective third party. While a defendant might get angry, they are less likely to recognize a process server and therefore evade being served. If the person does evade service, the process server will take additional steps to deliver the papers and present legal evidence that they have made all efforts to contact the defendant.
You can expect a process server to cost between $20 to $100, depending on how hard they need to try to locate the defendant. Multiple attempts generally require a higher fee. Nationwide, the average is between $45 to $75 for delivering documents.
When you’re dealing with legal requirements, it’s important to hire someone to do the job who knows the law and performs it to the utmost of their ability. Get a professional process server in Shasta County, like Accurate Document Imaging, that does exactly that.