Private Investigator in Cedar Rapids Serving All Eastern Iowa
Three Ways to Avoid Contested Service
March 31, 2015
A private process server is someone who has been hired by an attorney or a private individual to hand-deliver legal papers to defendants, witnesses, and plaintiffs.
It is important for process servers to serve their papers in a manner that is consistent with the law and professional practices. Otherwise, the subject might contest the service resulting in court delays and additional costs to the client.
Here are three ways to avoid contested service:
1. Explain the nature of the service The process server should briefly explain that the papers being served are civil process papers. He should remain calm even if the subject turns hostile. He should be polite while providing the necessary information and never use abusive or threatening language.
2. Achieve a reasonable distance when serving Courts recognize that physical delivery of legal papers will not always be possible. But there should be no doubt in any reasonable person's mind that the subject knew they were being served. So when a subject refuses to accept the papers, it is acceptable to leave them at his feet where they can be easily accessed. Droping the papers in the subjects mailbox or even by the mailbox is not acceptable service!
3. Make sure you see the person you serve Proper service does not necessarily mean that the papers must be delivered to the subject in person. If certain conditions are met, a substitute may be given the papers. For example, a wife is generally considered a suitable substitute as is a child at least 18 years old. However, the process server may be called into court to testify as to who was served so it is important to be able to describe that person.
You can be assured that every effort will be made to find and serve your papers legally and professionally. Call 319-200-6213 for a free consultation.