What Is the Job of a Process Server?
The job of process server is vital to the judicial process in the United States, but many people may not understand the role of the process server. Without this key person, court cases can be delayed or even thrown out completely.
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Definition
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A process server is a person who delivers legal documents and papers to the defendant in a court case. Process is another word for a legal notice. A process server then signs a sworn affidavit that the defendant received the documentation.
Importance
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If a defendant, the person who is having legal action taken against them, is not given legal notice, a court case cannot proceed. The law requires that defendants be given legal notices in person. The process server serves as a witness that the defendant received the documents.
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Type of documents
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A process server may deliver a variety of types of documents: subpoenas, complaints, writs or summons to court. All these documents are crucial and must be delivered in a timely fashion.
Requirements
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Each state has different laws concerning process servers, but there are several personality traits that lend themselves to this type of work. Organization is key, as documents must be served in a timely manner,and a process server may have to deliver many documents in one day. A process server must also not be shy about confronting people. Many defendants do not want to be served papers, and a process server has to stand his or her ground and potentially deal with intimidation.
Basic Education
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A process server must have knowledge about the law before he or she can do the job effectively. The essential knowledge components are: due process, structure of courts, civil process, rules and statutes related to process serving, licensing, and code of ethics and professional conduct.
Salary
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A starting process server can expect to make $20,000 to $36,000 per year, depending upon which state he or she works in. Pay increases annually, depending upon performance. Some process servers who have been working for 20 years report an annual income of $100,000 (though that is not typical).
Employment
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Process servers can work for a number of groups. Often law offices and private investigators have a process server on staff. There are companies consisting solely of process servers that are contracted by law offices. Once a person is established as a reliable process server, he or she may be able to freelance.
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References
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