When you are on the verge of filing important legal papers such as divorce documents and the like, the legal process specifies that you have someone else serve the papers in your stead. While it is possible to have a private investigator do it, most people often employ the services of professional process servers for the job.
A process server is an individual in charge of serving legal documents. The legal procedure mandates that you should not serve the papers by yourself. Fortunately, process servers can ease your stress and help you serve the papers. In simpler terms, you hire someone to serve legal documents, especially in cases whereby the other party is needed to appear in court.
Quite several times, the services of a process server are employed during divorce procedures. There are other types of legal documents that a process server can serve. Below are some other documents that process servers oversee serving.
Writs
A writ is a formal legal document delivered through a process service that orders an entity or an individual to perform or discontinue from doing a specific deed. These legal papers are often written by courts, judges, or other entities that possess the authority for judicial or administrative jurisdiction. These documents are often under common law. They are usually sent to people after a judgment has been made.
There are five known types of writs: habeas corpus, mandamus, certiorari, prohibition, and writ of quo-warranto.
A writ of habeas corpus is served to a prisoner or detainee (such as a mental institution patient) before the court decides if the prisoner’s sentence is lawful. This writ grants a detainee another day in court, which may help alleviate his current sentence. You can only secure this type of writ through the court of conviction.
A writ of mandamus is a court decree sent to a junior government official via a process server. This decree orders that government official perform their duties or correct a discretion of abuse. It is considered an extraordinary legal document. It is only served in cases of exceptional circumstances or high public importance. It is infrequent to see someone getting this type of document. It is one of the reasons why professional process servers are employed to serve the type of document.
Certiorari literally means “to be certified” in Latin. A writ of certiorari is a court decree handed out by a superior court to an inferior court so it can be reexamined. This type of legal document is not something you hear every day because it signifies a big systematic problem at hand. On the other hand, this legal order seeks to reevaluate matters to ensure the justice system remains true to its purpose.
A writ of prohibition is a legal document handed out by a superior court to an inferior one. When this type of document is served to you, you are being ordered to stop performing outside your jurisdiction activities. The only difference between this and a mandamus order is the fact that it covers indirect action alone.
A writ of quo-warranto is a special kind of legal action taken when there is a particular dispute to settle. This dispute often involves an individual’s legal right to hold public office or the position he occupies. To be precise, only elected or appointed public officials are served this type of legal order.
Subpoenas
A subpoena is a type of legal document that summons a person to appear in front of a court officer to provide information regarding a legal matter. In order words, when a person is served a subpoena, that person is required to testify on the evidence for a specific case. This legal document is usually requested by a lawyer on behalf of a court. A subpoena can be served in numerous ways.
In some cases, a process server may personally deliver the document to the person concerned. However, there are cases when it is delivered through the mail, e-mail, or even by word of mouth. Hence, the service process is often different, depending on varying circumstances.
When it comes to subpoenas, people are not allowed to ignore subpoenas. Failure to respond to a warrant may be punishable by the court. There are three types of subpoenas: witness subpoenas, subpoena duces tecum, and deposition subpoena.
Complaints
In legal terms, a complaint is a formal legal paper that seeks to settle specific facts and legal matters that the filing party believes are enough to support a claim against the party against whom the claim is brought. A complaint is different from a lawsuit and should not be confused with each other.
In simpler terms, a complaint is a pleading or initial document submitted by an accuser to the accused. The complaint contains details of how the accuser’s legal rights were violated in a particular way. Furthermore, this document demands that the accused provide some relief to the accuser. This could be in the form of a monetary requirement or a particular service.
In simpler terms, the complaint refers to the document that shows the subsequent lawsuit. The length of the document depends on the case. A complaint often sets the stage for the courtroom action that is to follow immediately.
Summons
A process server may also be asked to serve someone with a summon. In legal terms, a summon is a paper handed out by a court as an order to a particular person to show up at a certain place and time for a particular purpose. This legal document is often issued directly to a person or a law officer who is then required to execute a specific set of actions.
If the matter is a civil case(s), the summons is considered an instrument for the defendant to be informed of how many days they must prepare for a lawsuit. This service process is a notification for someone to appear before court cases.
If you are ever in need of any enlightenment concerning the type of papers a process server serves, you can contact Lafayette Process Servers LLC at (1-866-237-2853) or send an email to [email protected]
And that wraps up our episode for today. We hope you’ve enjoyed listening to us talk about all things relating to what documents a process server serves.
If there was something specific that you would like us to chat about in a future episode, please let us know, and we would love to cover it for you. We’ll be sure to respond promptly. Thank you for listening, and until next week, thanks for tuning into our podcast.
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. Laws and regulations vary among states and specific jurisdictions. If you seek further information about this topic, please make sure to contact an attorney in your local area.
