The Active Legal provides legal services in San Diego, and North County. We are committed to our clients by offering an array of legal services in a fast, accurate, and efficient manner. The Active Legal will take on your service of process request and work with efficiency and professionalism to ensure prompt and stress-free service of all documents. All of our services are provided with a meticulous attention to detail. We are committed to keep you informed on the status of your orders, letting you know of all attempts, when it was served or if there are any problems we may encounter.
What is Service of Process?
A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.
How to Serve Legal Documents?
When service of process was first instituted, sheriffs or deputies, and agents of the court performed this important aspect of due process. This became a burden on law enforcement, so the legislation changed. Now, in many states, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried in court can serve papers.
Keep in mind that process serving laws differ from state to state and may change. Some states require that process server be licensed, some require registration with the county and in some states, they are required to post a surety bond.
In general, there are several requirements and constraints associated with the rules of service of process. In some states, you cannot serve on Sundays or holidays. Some places do not allow process service on a person traveling to court. It is also very important to note that papers cannot be served by someone involved in the case or legal proceeding.
Why Hire a Process Server in San Diego?
If a serve is not done in accordance with these rules, and other rules determined by your state, it can hinder your case from going forward or result in the dismissal of your case. Improper service also delays the obtainment of evidence, which can cause injunctions, court fees, and attorney’s fees.
As a process server, our company will serve your legal documents and, once completed, file an affidavit of service with the appropriate court. We serve all types of legal documents such as eviction notices, personal protection orders, divorce papers, custody papers, landlord/tenant, subpoenas, garnishments, order to show cause, and more.
More and more courts are switching from in-person filings to online electronic filings. We will electronically file your affidavits and other documents (when applicable) into the correct court, saving you time and stress.