Reasons to Use a Process Server

July 4, 2021 - Reading time: 7 minutes

When you need legal papers to be served on someone, employing a process server is key to ensuring that the papers are served correctly and received into the hands of the individual or recipient.

What is a Process Server?

A process server is the person who will correctly serve legal documents to a defendant or individual on your behalf.  Different court orders and classifications of summons require specific processes to be correctly served.  A professional process server will be aware of the differing requirements and check exactly what is required before they serve the papers.

13 Reasons to Use a Process Server to Serve Legal Papers

Here we explain some of the reasons why to use a process server:

1.  Employing a professional process server ensures that your legal documents are correctly served

Correctly served legal documents are an important part of the legal process.  Papers that are not served correctly could result in your case being thrown out of court and prove expensive for you.

2.  A process server will know the different requirements for different types of legal documents

By employing a professional process server you can rest assured that they have extensive knowledge of the legal requirements for different types of legal serving depending on the circumstances.  The rules are diverse and a potential minefield for the uninitiated and must be followed correctly.

3.  Process servers have a firm understanding of the rules surrounding serving of papers

Following the rules is a crucial part of serving legal documents.  The rules differ for different circumstances.  Your process server will always act appropriately and ensure the rules are followed.

4.  Contacting the individual concerned via email or telephone to serve legal documents is not an acceptable method

A DIY serving of legal papers could result in problems for you.  Even if you think you’d rather keep it friendly, contacting the individual by other means is not an acceptable way of serving papers.  

5.  Serving the papers yourself could be dangerous for you

Whatever the reason that papers are being served, people often react badly or unpredictably when receiving court papers, legal documents and suchlike.  Whatever the circumstances, employing a third party professional service is the most sensible option.

Because process servers come across a wide range of people in their role, they have a strong awareness of what is required and how to behave in different circumstances.  Being a third party to the proceedings can also help to calm situations that could otherwise get out of hand.

6.  Confronting the individual yourself may be something you choose to avoid

Frequently serving legal documents on someone is a last resort.  Understandably, you may choose to avoid the necessary contact of serving the papers yourself. 

7.  The court may decide that papers must be served by an independent party

It is not unusual for the court to order that the legal papers are served by an independent party.  In such circumstances a process server is the best professional to serve the papers correctly.

8.  The person may be difficult to locate

It may be that you have tried to serve the papers yourself or asked an employee to do so for you. However the recipient is difficult to locate and you are losing time by not being able to serve the legal documents.  Finding people who are difficult to locate is a regular part of the process server role.  

9.  The person may have gone into hiding; process servers are experienced in finding people 

Because it is not unusual for those people due to be served a legal notice to go into hiding, process servers are very experienced at tracking people down and have the tools necessary to find missing people.

10.  Hiring a process server ensures that they practice due diligence and professionalism

When you hire a professional process server, you can be confident that they follow all the correct legal requirements, operate appropriately and within the law and offer their services with due diligence.  

In case you don’t know due diligence is ‘action that is considered reasonable for people to be expected to take in order to keep themselves or others and their property safe’ (Cambridge Dictionary accessed 03.07.21).  In other words they ensure that they confirm and do everything correctly and safely for the outcome.

11.  They utilize accepted legal tactics to ensure that papers are served correctly

Because they have a firm understanding of the requirements, the various differences and the law regarding serving legal documents, process servers will always operate correctly and appropriately, utilizing acceptable legal tactics that ensure they remain on the right side of the law themselves.

12.  A Statement of Service or sworn Affidavit of Service can be provided

When the legal documents are served your process server will provide you with a concise report with a statement of service or a sworn Affidavit of Service which are admissible in court and give proof that the papers have been correctly served and when. 

13.  Process servers can serve in UK prisons

In the event that you need to serve paperwork on a person that is currently spending time at Her Majesty’s pleasure, process servers can help to avoid you an unsettling trip to prison by making the trip and serving paperwork on your behalf.

Process servers working in the UK are often tasked with serving documents on serving prisoners, and are very familiar with the process of making visits to prison.  

It Makes Sense to Hand Over to Professionals

These are just 13 reasons why you would be sensible to hire a process server to serve legal documents.  When you hire a process server to serve your legal documents they will ask you a number of questions about the situation to ensure that they have a firm understanding of the requirements of the job.  Sometimes, the information includes personal details about the recipient to help them track down the correct person.

Process serving is sometimes straightforward, and frequently complicated.  Serving legal papers correctly is often more difficult than we first think, so it makes sense to hand the process serving over to professionals. 

References: Cambridge dictionary

Learn more about process serving by PrivateInvestigators-UK.