A process server is an individual whose primary responsibility is to deliver legal notices into the hands of defendants and others involved in court cases. In some cases, process servers will also work filing or retrieving the archives of previous cases. In the state of New York, an individual does not need to be licensed in order to be a process server.
However, in various jurisdictions around the state, such as New York City, a license is required. In order to obtain a license, there are several steps a prospective process server needs to complete.
Some of those steps include:. In addition to the above steps, a person interested in becoming a process server needs to pay the process server licensing fee. Hollywood has portrayed Process Servers as clever actors that dress up as exterminators or mail carriers to complete a serve.
In fact, Process Servers are performing an important legal function. It is highly uncommon and unusual for a process server to dress up and pretend they are someone other than a person with legal papers to deliver. The founding fathers of the United States put rules in place about properly notifying a person when they are being sued or asked to appear in court. Failure to appear in court would lead to a summary judgment against you, which would be highly unfair!
Bottom line, the Process Server is a messenger with important information about your rights and is really there to help you. Myth 3: Serving Papers is a Dangerous Job. Process serving is not an inherently dangerous job.
Attorneys and their employees and anyone who is appointed by the court to serve its process is not required to register. Professional photocopiers who respond to records production requests and subpoenas are also not required to file a registration. Process servers are not required to complete a course or have a specific education to serve legal documents. The process server is responsible for knowing and understanding the laws related to serving legal documents in the state.
The purpose of process service is to place the party on notice that an action has begun or that a relevant document has been filed in the case. Some documents in a legal action must be served in a specific manner.
For example, a document may require that the process server personally serves the individual. Personal service is generally accomplished by identifying the person and handing the person the document. Most process servers begin personal service by attempting to serve the person at their home. In most cases, the process server is not trespassing unless the process server unlocks a locked gate or enters a locked building without permission.
Process serving is an integral part of the legal system in the United States. Every state utilizes them and as such is considered a required function within the operation of the legal apparatus as a whole. There are training programs and certification courses available for those who wish to learn more about becoming process servers. The requirements for starting a career as a process server vary and depend on the state a person lives in. Some states have licensing requirements, while others may not.
However, most states require that a person be at least years-old years and have no biases regarding the people they are serving. Due to the varied requirements, training programs are not mandatory, however they can improve a person's candidacy when applying to a job. Find jobs. Company reviews. Find salaries. Upload your resume. Sign in. Finding a Job. What is a process server? What does a process server do?
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