Welcome to the Lafayette Process Servers LLC podcast. I’m your host Olivia, and in today’s episode, we are going to talk about, how to find out why a process server is looking for me.
It may be perplexing and nerve-wracking to have a process server show up at your door, especially if you have no idea why they are there. Is it necessary for you to answer the door? Is it obligatory for you to accept everything they offer? Are you certain they’re a process server? Unfortunately, there has been an increase in the number of persons impersonating as process servers to gain money or scare people in many towns. Sometimes, it may be hard to differentiate between genuine process servers and imposters and making the incorrect choice might land you in legal trouble. You can get the documents served on someone if you want to sue them, divorce them, get child support from them, or any other legal matter.
A process server might be hired to locate them and legally serve the documents to them. But what if it’s you who’s being trailed and about to be sued? What are your thoughts about it? What would be your reaction? Continue reading to understand more about process serving and how to figure out why a process server is looking for me.
What is Process Serving, and how does it work?
During legal processes, many papers must be presented to relevant persons, both in and out of court. On the other hand, people perform their best job when they can concentrate on their most essential duty. Finding someone and delivering paperwork to them is an arduous effort in and of itself, and it would add to an attorney’s workload if they had to do it themselves.
As a result, process servers’ step in to assist. Process servers assist with the filing and serving of legal papers and keeping track of the documents’ retrieval.
What makes you think a process server is looking for me?
The process server maybe just interested in one thing: serving your documents. So, if a process server is trailing you, it indicates you’re being sued, whether for divorce, child support, or any other legal reason. Regardless of your location, the process server is responsible for locating and serving you with court documents. The process server’s job is to not only deliver court papers to you but also to ensure that you accept them.
A process server would only come to your home if the court ordered it. For example, a party to a case might order a process server to serve you, the defendant, with a notice of beginning legal action through the court. If you don’t want a process server to come to your home, the simple solution is to stay out of the case. However, having a process server visit your home does not mean you’ve been guilty of a crime.
All you have to do is respond to a lawsuit that has been filed against you (which you may not be familiar with). All that’s left is for you to get the documents and meet with an attorney.
How many times will a process server attempt to serve court papers?
A process server can attempt to serve the individual for whom the court documents are intended as many times as necessary. The server can investigate as many options as possible to guarantee that the task is completed.
Suppose you are attempting to avoid being served. In that case, the process server can keep coming and using all legal measures at his disposal to ensure that you receive and recognize the documents (if applicable). In Toronto, the Process Server will attempt to serve the respondent three times before returning to the court for replacement or alternative service.
Can a process server be avoided?
It’s ideal if you don’t try to avoid being served with a court summons. You will be apprehended by the law at some time. You have little influence over when court documents are delivered, even if you don’t want to be served or become engaged in a case.
Some individuals avoid being served by avoiding town, albeit this may not be a sensible move. The process server can only visit you a certain number of times in several Canadian provinces. If they cannot serve you with court documents due to your absence, the court will proceed to the next step.
You should not believe that you cannot be sued if a Process Server does not serve you. With that in mind, the most appropriate course of action is to merely recognize and sign the process serving paperwork (if relevant) and then follow the legal procedure to respond to all charges.
What If I Choose to Avoid a Process Server?
Avoiding a process server makes the process of suing you more difficult for the individual who is initiating legal action against you. But it doesn’t mean they can’t go forward. If the person attempting to suit you can show that they made a reasonable effort to serve you but were unable to do so, the judge may grant them a few other choices to serve you.
What Can a Judge Do if I Avoid Being Served?
A court may allow the documents to be placed at their home or company with any competent individual over 18 if they are avoiding a process server. A court may also authorize the summons to be issued certified mail to their home or business address. Finally, if nothing of these measures works, the judge may authorize you to sue them and have notices published in local media.
A process server will only serve you documents if you are being sued or a participant in a judicial case. This might be in the context of a divorce, child support, a small claims case, or any other legal situation.
The process server’s role is to locate you and serve you, including notifying you of the legal action and giving court documents.
And that wraps up our episode for today. Thank you for listening and we’ll see you next time!
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. If you seek further information about this topic, please make sure to contact an attorney in your local area.
