How to Hire a Process Server to Serve Court and Legal Papers
Your typical court case is something of a complicated legal process. Therefore, you may find that you need to hire a process server. This is an individual who will deliver legal documents to the intended recipient by hand. This process is to ensure that the recipient can not pretend they haven’t received the legal papers by post or they may have already denied receiving the paperwork.
Unfortunately, posted documents can get lost in transit, tracked packages can be signed by non intended recipients and individuals can move home without notifying you, the process server is a vital resource for tracking the recipient down and physically attending their residents or work place. Also; be mindful most legal documents require a third party to serve the papers and provide the correct professional statement of proof that includes the who - what - where and when the document was served. This is really important to be compliant. Here’s what you need to know about hiring a process server.
Selecting a Process Server
Before you get started in hiring a process server, you need to make sure you understand exactly what service you are being provided with. The details of each service will vary from one provider to the next, so let’s take a look at some of the job-specific information you should check with your process server before deciding who to use:
- Is the process server registered with the Information Commissioners Office (ICO)? The papers will contain personal private & confidential information so the professional process server must be registered with the ICO and will respect and comply with personal data regulations.
- Is the process server a member of Association of British Investigators? The reason this is advisable to check is because the ABI operates a self-regulation system so all members are accountable and are required to be qualified. Members agree to updated criminal record checks plus hold full insurance.
- What will each process serve charge me? Is VAT on top? Will I be paying for each delivery attempt, or is there a fee fixed?
- Will the process server offer multiple delivery attempts?
- Where will the process server deliver to?
- What kind of proof does the process server provide me with once served & does my process server appear confident in providing me with the correct proof of service?
- What information do I need to give the process server before delivery?
- Is the process server experienced and knows what they are talking about?
If you know what you’re looking for, check out the website of your chosen process server and don't forget to see if they’ve got recent reviews or customer testimonials you can look at.
If you would like more information contact firstname.lastname@example.org
or give us a call:
0203 930 3233
International clients +44 (0) 20 3930 3233
Please see our sister company link below who specialises in process serving.
Hiring Your Process Server
Hiring a process server begins when you contact the company directly in order to agree on the details and see if you can establish a good working relationship between yourself and your process server. Most process serving companies will require
the money upfront. Be very careful not to fixate on the cheapest price when selecting a process serving company, unfortunately like with many industries there are a lot of inexperienced individuals claiming to be process servers who offer low fixed fee’s but cannot carry out the job properly or lawfully so often provides a poor service which can be fundamental to your case, ‘if its appears too good to be true, it generally is’.
Almost every day we have calls from people in the U.K. and overseas who have hired a process server and the documents are either still not served; or unable to make contact with the process server they hired; or have not received the statement etc.
Legal documents are time sensitive and must be treated as such. After all, you have got this far and now have the papers ready to serve so it’s worth a 2 minute read here before you instruct.
Red flags to watch out for if you instruct a cheap or inexperienced process server:
1. The process server pretends to visit the address and therefore fakes attendances and states that there was no reply at the door.
2. Poor quality on proofs of service which can include spelling mistakes on certificates of service / statement of service / affidavits and bad grammar.
3. Poor or lack of communication.
4. Takes the money and then does not do the job.
5. Completes the proof of service incorrectly or on the wrong template for the individual legal document.
6. Does not provide you, the client with a copy of the proof of service at all or in a timely manner.
7. Is not familiar with the current laws and rules about what - when - how is an effective serve and what the courts will deem 'good service.'
8. Is aggressive & intimidating to the respondent or defendant when serving your document.
9. Does not care about you or your situation so seems to be only interested in getting the money.
10. The process server is not insured.
11. The process server does not adhere to GDPR or data protection rules.
12. The process server has no reviews or fake reviews on his or her site ie: John Doe