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Areas Served in Louisiana:
LAFAYETTE, NEW ORLEANS, BATON ROUGE, CALCASIEU, LAKE CHARLES, ASCENSION, TANGIPAHOA, TERREBONNE, IBERVILLE, LIVINGSTON, METARIE, KENNER, LULING, DESTREHAN, DENHAM SPRINGS, CAMERON, ACADIA, JENNINGS, CROWLEY, ABBEVILLE, OPELOUSAS, VILLE PLATTE, KINDER, ST. MARTINVILLE, ST. MARTIN, MORGAN CITY, NEW IBERIA, FRANKLIN, PORT ALLEN, GONZALES, MARKSVILLE, HOUMA,VERMILION, PLAQUEMINE, IBERVILLE, ST. LANDRY, NEW ROADS, POINTE COUPEE, HAMMOND, IBERIA, NEW IBERIA,VILLEPLATTE, EVANGLINE , LAFOURCHE, KINDER, ASSUMPTION, NAPOLEONVILLE, TERREBONE, ALLEN, AVOYELLES, MARKSVILLE, GONZALES, ST. MARY, JEFFERSON DAVIS, FORT POLK, DERRIDER, LEESVILLE, HOUMA, LAPLACE, MANDEVILLE, COVINGTON, PONCHATOULA
Lafayette Process Servers is Louisiana’s top Legal Support Services provider, serving Louisiana for close to twenty years. Lawyers, Pro-Se Litigants and the Courts depend on us because we provide reliable, prompt and courteous service. Our customers’ loyalty has helped up grow, enabling us to provide a greater range of services to a larger geographic area every year. If you’re looking for a solid, reliable process server, and/or a one stop shop for a host of legal support services – you’ve come to the right place.
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Louisiana’s One Stop Shop for Legal Support Services
- Process Service with Body Cameras!
- Witness Locating and Skip Tracing
- Court Filing
- Criminal and Civil Background Checks
- Courthouse Research
- Legal Courier Service
- Court Paper “Walk-Throughs”
- Registered Agent
- Mortgage Researcher
- Title Abstractor Researcher
- Process Agent BOC-3
- Other Services Upon Request
Louisiana Certified Process Server
In Louisiana, certified process servers can perform the duties required to make service of process in the same manner as is required of sheriffs. Article 23 of the Louisiana Code states that
“When the sheriff has not made service within ten days after receipt of the process or when a return has been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority, not a party and residing within the state whom the court deems qualified to perform the duties required, to make service of process in the same manner as is required of sheriffs. Service of process made in this manner shall be proved like any other fact in the case. Any person who is a Louisiana licensed private investigator shall be presumed qualified to perform the duties required to make service.”
Lafayette Process Servers is the most reliable and sought after service in Lafayette, New Orleans, Baton Rouge, Lake Charles, Morgan City, Houma, Gonzales, Hammond and many other cities and towns in Louisiana. Why trust your important legal documents to a fly by night company when you can hire us?
Scott Frank – A Name You Can Trust
Scott Frank began his career as the most reputable process server in Louisiana, where he’s serving the community for almost twenty years. The news spread to Mississippi and the Gulf Coast, with customers choosing Lafayette Process Servers over mediocre local alternatives. A solid process server is crucial to the success of any type of legal matter as cases can be dismissed for improper service. That’s why smart attorneys and individuals choose Lafayette Process Servers to get the job done right.
Types of Process Service
Many types of legal documents must be personally served on an individual. For some types of legal matters, “substituted service” on a representative at a defendant’s home or business will suffice. For businesses, service must be made on the Secretary of State. There are many other rules and procedures that govern proper service of documents in various types of cases, and these rules vary from town to town, county to county and state to state. You don’t need to memorize the Louisiana laws on service of legal documents, but you do need a process server that knows these laws inside out, somebody that you can rely on to ensure that your legal documents are properly served.
Body Cameras and Process Service
Like many professions, the technology for serving process has evolved. At Lafayette Process Servers, we’ve kept up with the times. Every single one of our process servers wears a body camera while serving papers. This provides the highest level of proof of service. In addition to providing you with the legally required paperwork to prove service, you’ll also receive a time-stamped video literally showing the documents being served. If somebody contests the service, they won’t have a shot of winning when you produce this video. This is another good reason to hire Lafayette Process Servers instead of less well equipped service providers.
Examples of Civil Actions Requiring Process Service In Louisiana
- Matrimonial Actions
- Landlord/Tenant Disputes
- Accidents/Personal Injury
- Medical Malpractice
- Insurance Disputes
- Business Disputes/Breach of Contract
- Wills and Intestacy
Why is Proper Service So Important?
Most of us know that a case can be dismissed if papers are not properly served, but probably haven’t thought about why this requirement is so important. To understand why this is important, it’s necessary to examine how most civil cases operate. Papers are served by a plaintiff (the person suing) on a defendant (the person being sued.) Once the papers are served there is a time period for the defendant to answer. If the defendant fails to answer in time, the plaintiff can take a “default” judgment, where the court could award everything the plaintiff asks for because the defendant didn’t show up. That’s why evidence that either the defendant was actually served or that every legally required way to advise the defendant of the lawsuit has been utilized.
Process servers play a very important role, protecting the fundamental rights of due process in notifying a defendant that an action is being served against him. Courts have held that notifying a defendant by mail does not adequately protect their rights as the letter could get lost in the mail, or be opened by new occupants at a dwelling who didn’t inform the post office that the defendant had moved. It would be an unconstitutional violation of a person’s due process rights to take a person’s property due to a lawsuit that he didn’t even know about.
How Due Process Developed Throughout History
One of the fundamental rights we value in the United States of American, and in the state of Louisiana, is “due process.” When we find ourselves frustrated when months or even years go by without a resolution to our legal issue, it’s helpful to remember that a slow and deliberate process is usually more fair. There were some elements of due process and civil procedure dating back to Ancient China, Ancient Greece and the Roman Empire, but the more modern forms of civil procedures began with the Magna Carta in 1215 and continue to evolve even today.
1215 – The Magna Carta
King John of England signed The Magna Carta, the first agreement of its kind between government and citizens promising a modicum of rights. It was written as a result of many years of excessive taxation that were leading up to a brewing rebellion. Nobody is quite sure who wrote the Magna Carta, but it was rumored to have been drafted by one of its most prominent signers, Stephen Langton, Archbishop of Langton.
Also known as “The Great Charter,” it outlined the concept of “individual rights” and due process. The first step in due process is always to give notice to a person that a legal proceeding involving them has been commenced, so they could adequately prepare their defense. “Process servers” of that time were trusted representatives of the government that would formally swear that a person had been notified.
1970 – Reasonable Doubt Standard
Criminal laws are generally in the hands of the States, not the Federal Government, but the Supreme Court can prescribe rights that the states cannot infringe upon. This happened in 1970, when the Supreme Court ruled that the “due process” clause of requires a very demanding standard before a person could be punished for a criminal offense. The court held that a jury of peers must believe there is proof “beyond a reasonable doubt” of every fact that would constitute every element of the crime alleged, before choosing to convict. This has resulted in fewer convictions of criminal defendants, but also fewer mistakes causing innocent people to be incarcerated or put to death.
1787 – The Constitution of the United States of America
The 14th Amendment to the Constitution states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The specific process is not specified, as that responsibility is left to the Congress and states to pass laws, the President to approve those laws and the courts to interpret them.
The 6th Amendment to the Constitution states: In all criminal prosecutions, the accused shall enjoy the right…to be informed of the nature and cause of the accusation… There is nothing more precious than freedom, so the due process rights for criminal defendants are much more stringent than for civil litigants.
1982 – Combatting Threats to Due Process
Federal legislation was proposed in 1982 that would reduce the due process rights of litigants by allowing civil summonses and complaints to be served by certified mail. In response, a group of process servers from eleven different states convened in Las Vegas to oppose the Bill. The Bill was defeated under pressure from this group, which later became the modern National Association of Professional Process Servers (NAPPS,) and other defenders of due process rights.
Looking to the Future of Process Service
Advances in technology such as ServeManager, and other process service software, are making process service more streamlined, but we need to ensure that technology does not erode due process rights. Service by e-mail or fax does not properly protect the rights of a defendant, and should never be used as a substitute for service by a process server.
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