Benefits of Serving Legal Documents and Notices With ABC Legal

A professional process server isn't always required to deliver documents, but in many cases, using one can offer significant benefits—whether the law mandates it or not.

Understanding when you need a process server and why you might want to consider one even when it's not required is essential for ensuring your legal documents are delivered professionally and effectively. Let's dive in.

When You Need a Process Server

Service of process is about officially notifying or looping parties or witnesses in to the case proceedings. This typically happens during case initiation or when additional information is needed for the proceedings.

Service of process is how courts establish their jurisdiction over a case, or the right to hear and pass judgment over the parties involved. Due process requires that defendants be notified of cases against them. Service of process is the fulfilment of this requirement. 

Another common point in the process when courts often require service of process is if a third party needs to become involved in the case. This often happens with documents like subpoenas. A subpoena is a legal order that compels a person to provide specific information or documents to a court. In this situation, the person receiving the subpoena is not a party to the original lawsuit but is asked to provide relevant information to the case.

Finally, getting a judgment issued doesn't mean it will automatically be enforced. Service of process is often required to enforce it by delivering a garnishment or bank levy to a third party, such as a bank or employer. 

Additionally, in some states, the original parties to the lawsuit need to be served with additional legal documents to officially inform them that actions will be taken against their finances. 

Thus, certain documents demand the involvement of a process server. Here are just a few examples of documents that often require service of process:

1. Summonses and Complaints

When you file a lawsuit, you must serve the defendant with a summons and complaint to notify them of the legal action. This often requires personal service, meaning the documents must be provided directly to the individual in the lawsuit. In certain jurisdictions, subservice or alternative service may be allowed. 

2. Citations and Petitions

Similar to the summons and complaint, certain courts may use a citation and a petition to summon a person to court in response to a petition to the court for relief.

3. Writs

Writs are formal written orders from court that may start a legal action or provide authorization for an action to take place. Writs of garnishment, for example, direct a third party to withhold funds or assets from the defendant and deliver them to the court or debtor (these are often served to the third pary but may also be served again to the party under garnishment).  Writs of attachment, which order the seizure of property or a person to satisfy a judgment, may also require personal service of some kind.

2. Orders of Protection

Orders of protection, such as restraining orders, must be served to the subject of the order to make them aware of the condition set forth by the order. Depending on the jurisdiction, law enforcement or a process server may be able to complete the delivery. 

3. Subpoenas

Subpoenas require personal service to inform individuals about their responsibilities to submit evidence, attend court, or provide testimony. A process server can often complete subpoena delivery and ensure that the recipient is notified of their legal obligation to comply with the court's order.

4. Eviction Notices

Many states in the U.S. mandate that eviction notices be personally delivered to tenants to ensure that they are truly aware of the deadlines and the eviction itself. While who may make the delivery depends on the state, typically it must be a third party. Often, a process server can help and is trained to manage these tasks with expertise, precision, and professionalism.

When You Don't Need a Process Server

Not all documents require personal service.

Once a person is aware of their involvement in a lawsuit, the formal notifications from court typically pass to them via the attorney on record, certified mail, or direct contact if available. Sometimes, documents pop up that you want to have a little more oversight on or be ready to provide evidence of to a court.

While a process server isn't always required, using one provides reliability, thorough documentation, and confirmation that you have the correct address for the recipient. 

1. Demand Letters

Demand letters [could link this to the Demand Letter blog if this one is published later than Jan 20, 2024.] inform individuals of your intent to take legal action if they don’t comply with specific requests (e.g., paying a debt). 

2. Notices of Default

A notice of default, or NOD, is a public record that informs the borrower that they are behind on their mortgage payments and at risk of losing their home. 

3. Collection Notices

In debt collection cases, notices may be sent by regular mail or certified mail. 

4. Small Claims Filings

Not all jurisdictions require a process server for small claims filings. Some allow documents to be sent by mail.

5. General Legal Notices

Some legal notices, like change of address or business notifications, do not require personal service. However, process servers are available to ensure these notices are served correctly.

Why and When to Use a Process Server: The Benefits of Professional Service

Even when the law doesn’t require personal service, using a process server can offer significant advantages, ensuring your legal documents are handled with precision and care. Here are a few of the benefits: 

1. Legal Viability and Thorough Documentation

Process servers provide official proof of service, which is critical for the legal validity of your documents.

Thorough documentation—which includes GPS tracking, time-stamped photos, and detailed notes when using ABC Legal—creates a reliable record that may be essential in future proceedings.

2. Experience and Training

Process servers are skilled in navigating tricky or sensitive situations, ensuring that documents are delivered professionally and without conflict.

This expertise reduces the chance of legal challenges over service and guarantees that your documents reach the intended recipient in a manner that respects the legal process.

ABC Legal-empowered process servers make 12 million annual attempts across all 50 states,and their experience shows.

3. Peace of Mind and Reliability

Even if you're not required to use a process server, their services offer peace of mind. With a professional handling the delivery, you know the documents are being served compliantly and reliably, reducing the risk of issues down the line.

ABC Legal process servers provide real-time updateson the status of your delivery, ensuring you stay informed throughout the entire process.

Serving Legal Documents with Precision

Whether your case involves complex legal action or simple pre-legal steps, using a professional process server can bring you confidence that the document delivery is carried out accurately.

Entrusting the document delivery to a process server does more than confirm receipt; it reflects your commitment and readiness for future steps. A process server ensures legal compliance and provides thorough documentation, enhancing the overall experience, whether required or not. At ABC Legal, we handle everything with precision and professionalism.

Service is simple with ABC Legal. Create a free account today and have ABC Legal ready when you need us. Already have a case that you need served? Order online anytime, hassle-free.