The Importance of Process Servers


Posted December 26, 2020 by dlelegal

Process servers provide an important service in the legal field. Process serving is a legal procedure that guarantees that a legal matter is accepted and heard by the court. The main role of process servers in Miami is quite straightforward.
 
Process servers provide an important service in the legal field. Process serving is a legal procedure that guarantees that a legal matter is accepted and heard by the court. The main role of process servers in Miami is quite straightforward: they provide defendants with notice of a pending lawsuit. Their services are important because they uphold due process of law. This guide will help you understand the role of DLE Dade process servers in Miami, how they work and how can they help you:

What is due process?

The Constitution of the United States guarantees that no person can be deprived of liberty, life, and property without due process of law. The process server performs a critical role in order to guarantee due process of law. Process servers essentially protect a defendant's rights by providing him/her with notice of a lawsuit/legal proceeding filed against him or her. In other words, the process server informs the defendant of a pending lawsuit against him or her. This service was initially performed by the county's sheriff; a deputy usually served the legal papers to defendants. However, as the population grew, and the legal matters became more complex, process servers were used in order to guarantee the process is more effective.

If the process serving is proper, the jurisdiction over the defendant is legally established. This means that once the defendant is served, he or she must appear in court, according to the information provided in the legal documents. The defendant is fully aware that he or she must be present in court; if he or she fails to do so, the plaintiff can request a default judgment against the defendant.

What does a process server do?

DLE process servers in Miami deliver a wide variety of documents to a party before or during the trial. These documents include writs, formal complaints, summons to appear in court, and subpoenas to produce documents or to testify in court. Process servers can also help legal teams track down a defendant or witness in order to provide service of process. Many states require neutral third parties over 18 years old to serve court documents, so litigants often hire process servers to perform these tasks.

As soon as the formal complaint is filed, the plaintiff is required to personally serve it to the defendant. In exceptional circumstances, the process of serving can be done in a different way, such as via publication. Make sure to contact the best DLE Dade process servers in Miami to learn more about the various ways process serving can be done.

Service of process vs. Service of subsequent documents

These services must be carefully distinguished. While the serving process is focused on informing the party about the pending legal proceeding against a defendant, the service of subsequent documents, such as discovery between parties and motion papers, occurs during the actual legal proceedings. Depending on the type of legal documents served, the process server may be required to do it personally. For instance, a subpoena of business records must be presented personally to the defendant. Make sure to contact DLE process servers in Miami to learn what type of documents must be served personally. Also, review your local court rules on party notice requirements.

Should you hire a process server?

Yes. A registered process server can help you ensure that the legal documents are properly delivered to the opposing party. Professional process servers know how the process works, the laws that regulate it, and how to find the defendant. Teaming up with good DLE process servers in Miami helps you be more efficient during the legal process, and can help you save time and money by avoiding the common service of process pitfalls. Good DLE Dade process servers in Miami process servers can help you track down hard-to-find individuals or persons who simply avoid the process altogether.

When a complaint is filed, the plaintiff will have a specific period of time to serve summons and complaints to the defendant. The plaintiff should be able to serve the defendant during that specific time-frame. If he or she cannot do this, the service of process starts all over again. This means the entire legal process becomes slower, causing additional issues.

Similarly, a complaint will not proceed unless proof is provided that the defendant has received proper notice from a process server. Because of this short time-frame, the plaintiff is required to quickly serve the defendant. Hiring a registered process server can help your case tremendously.

A registered process server can also help you serve subsequent legal documents to each party. These documents must be responded to within a specific period of time. The process server will help you serve these documents in a timely manner. Contact a good process server to learn more about the benefits of working with a professional.

How much those the services of the process server costs?

The price for this type of legal service varies across the country. Usually, the costs of serving legal documents in Florida vary between $50 to $100. In other states, the costs vary from $40 to $120, depending on various factors. Usually, large law firms have ongoing contracts with process servers, lowering the overall costs. The total costs, however, depending on how many attempts are required to successfully serve the papers.

Other factors that can alter the final price include the distance a process server has to travel to the defendant, the time-frame required to do the job, and the number of defendants that must be served. For instance, out-of-state process serving costs are much higher. Similarly, same-day service or rush services are billed at a higher price. Always ask how much this service costs before hiring a process server. Make sure to explain what you need, the time-frame, and where the defendant is located.

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Issued By DLE Legal
Phone (786) 522-0522
Business Address 1750 Coral Way, ste 300
Miami, Florida, 33145
Country United States
Categories Law
Tags dle dade process servers in miami , dle process servers in miami
Last Updated December 26, 2020