Process serving may seem straightforward, but the legal terminology can often make it feel complex. Understanding common terms used in this field is essential for anyone involved in a legal case. Here’s a quick guide to some key terms you’ll likely encounter in process serving.
Common Legal Terminology You Should Know
1. Service of Process
Service of Process refers to the formal delivery of legal documents to an individual or organization involved in a legal proceeding. This could include a summons, complaint, subpoena, or other legal paperwork. Service of process is crucial for upholding due process, ensuring that each party is properly notified and has the opportunity to respond.
2. Summons and Complaint
A summons is a document that officially notifies an individual or organization that they are being sued and that they must respond to the court. The complaint accompanies the summons and outlines the allegations or claims against the defendant. Together, these documents inform the recipient about the nature of the lawsuit and their required actions.
3. Affidavit of Service
The affidavit of service is a document completed by the process server after successfully delivering the legal documents. It serves as proof that the documents were served, detailing the date, time, location, and method of service. This affidavit is then filed with the court, allowing the legal case to proceed with verified documentation that the defendant was informed.
4. Personal Service and Substitute Service
Personal service involves delivering legal documents directly to the individual named in the case. This is the most direct and preferred form of service. Substitute service, on the other hand, is used when personal service is not possible. In this case, the documents are given to another responsible adult, such as a family member or coworker, who then ensures they reach the intended recipient.
5. Skip Tracing
Skip tracing is the process of locating individuals who are difficult to find. It is often used when a defendant is avoiding service or has moved without leaving forwarding information. Process servers may use various tools, databases, and investigative techniques to track down the individual.
6. Proof of Service
Proof of service is a general term that encompasses any documentation showing that legal papers were delivered successfully. This may include an affidavit or other certified records that a process server completes to confirm that service of process was executed in compliance with legal requirements.
7. Subpoena
A subpoena is a legal order requiring a person to attend a court hearing, testify, or produce documents related to a case. Subpoenas are often used in civil and criminal cases and must be served to ensure the individual or organization is aware of their legal obligation to comply.
Understanding Legal Terms in Process Serving
Familiarizing yourself with these common terms in process serving can help you better understand the legal steps involved in your case. Whether you’re a plaintiff, defendant, or simply curious about the process, knowing the terminology empowers you to stay informed and confident in navigating the legal process.