So you’ve just been served. Not a particularly pleasant experience for anyone. Right after being served with legal paperwork, many people are flustered, angry, confused, or emotional and none of those things typically lead to good decision making. Now is the time to stop, take a breath, and avoid these 2 common mistakes below!
Don’t Make These 2 Common Mistakes After Being Served!
- Do Not Ignore the Complaint After Being Served
- When you have been legally served, pretending like you never got the document is simply not an option. Your process server reports when you have been served and that paperwork will tell you how long you have to respond. Do not wait! You typically have 14-21 days to respond or you forever waive your right to defense and may even have a judgment entered against you without you even participating in the legal proceedings. This could have major legal consequences so it is imperative that you never ignore a complaint after being served.
- Do Not Talk to the Wrong People After Being Served
- If you’ve just been served it is n natural to want to talk to someone you trust, if for no other reason than to vent. And, while that may seem harmless, anything you say about whatever case you are involved into anyone other than your attorney could eventually be used against you in court. Additionally, do not ever speak to the plaintiff’s attorney for the same reason, allow your attorney to handle and facilitate any communications on your behalf to avoid harming your case.
Who shouldn’t avoid being legally served?
The Fourteenth Amendment to the United States details the methods to deliver legal documents to parties involved in litigation. Some people take drastic measures to avoid being served, thinking that can avoid the consequences of a legal battle. However, it only exacerbates the situation.
Being served with legal documents involves giving notice to defendants based on the statutory requirements. These requirements may vary from one state to another. Commonly, juries opt for a personal service where the documents are delivered in person. The served individual should be of suitable age. In addition to personal services, there are other ways of serving legal documents. These methods have opted when a situation gets complicated than perceived before.
Most individuals aware of this process look to avoid process servers. They may not answer the door or go out on a long holiday. Even though these measures are successful in preventing the document server process, they will not help to avert legal proceedings altogether. Moreover, it is illegal to avoid process servers in some states.
In every situation, people responsible for additional investigation are charged with the liability of these costs. Professionals use a technique called skip tracking to locate people. They use numerous technologies to find defendants who evade legal actions. It is a highly expensive method that could be avoided by accepting the documents.
Individuals who decide to evade legal actions forfeit their rights. This leads to much more severe consequences like being served by substituted services. Better known as “nail and mail”. Judges can issue a default judgment when the serving time period expires. Moreover, they are now responsible for the expenses of attempted serve and attorney fees.
Process server FAQs
Who can serve documents?
In older times, sheriffs, deputies, and court agents will serve the documents. However, this changed over time. Now, there are process server services that help with this legal proceeding. The requirements of these services vary from state to state.
What can an AZ process server do?
A professional AZ process server will deliver the documents to defendants by operating within the legislation of that service area. They either deliver the paperwork personally or leave it at the mailbox. Once the papers are delivered, a notarized known as a Proof of Service is given to the concerned party.
How much do process servers cost?
The rate of process servers will vary from state to state. For instance, the cost of a routine service will be $20. This rate could go up to $100 depending on the case. However, the nation’s average rate of legal servicing ranges between $50 to $70.
How to find a process serves nearby?
There are plenty of ways to find process servers for a case. People can research online or get referrals from law enforcement officials. It is essential to check their licensing and experience in these services.