Most people will be astonished to learn just how many steps are necessary before a case, either criminal or civil, can be heard in court. The legal system consists of many checks and balances. One requirement is to notify individuals or organizations about pending actions that involve them. This notification must be in writing and it has to be delivered personally. Luckily, with assistance from a professional process server Surrey BC lawyers can speed up the process.
Every legal entity, whether it is an individual, a business or even a government department has the right to be informed of pending legal proceedings against them. They not only need to be informed, but they must be informed personally and in writing. In most cases other information related the intended case must also be delivered personally. Sheriffs used to be responsible for the delivery of documents but they quickly realized they simply do not have the time to do so.
With the rising need for officials that are able to locate people and deliver legal documents an entirely new type of job was created. Most states quickly adopted a set of rules used to determine whether an applicant is suitable for this type of job. Servers not only deliver legal documents to individuals, but also to government departments, businesses and other law firms. In addition, they have to submit prove that the job has been done.
The job of serving legal documents is not always straight forward. In numerous cases the intended recipient must first be located. They may have moved, even to another state, or they may be aware of the pending case and took steps to avoid being served the required papers. Having to look for the recipient can cause delays, sometimes for months or even years.
Serving legal documents can be dangerous and there are many instances where messengers were attacked, abused and even killed. Serving officials may ask for help from the police but they will be required to provide very good reasons for such requests. Bureaucratic procedures may delay the process, often allowing the recipient to disappear. The police will only help to locate the recipient in extremely urgent cases.
Trespassing laws also often prevent officials from serving documents. Except for California, all other states prohibit the serving of legal documents if it achieved by contravening trespassing laws. This prohibition can make things very difficult. The problem has become an even bigger one what with the proliferation of high security housing estates, guarded buildings and extensive security systems. In such cases serving the documents can become a veritable nightmare.
In order to gain a license for this type of career it is necessary to have a clean criminal record. Some states have other requirements such as formal training sessions followed by a written examination. Many ex policemen enter into this field and a large number of private investigating agencies also offer legal document serving services.
Critics say that it far too easy to avoid being served and that the justice system is ill served by endless delays. The fact remains, however, that it is a constitutional right to be served. Justice has to be fair and it cannot be fair if all parties are not given a chance to prepare and to petition the court.
Every legal entity, whether it is an individual, a business or even a government department has the right to be informed of pending legal proceedings against them. They not only need to be informed, but they must be informed personally and in writing. In most cases other information related the intended case must also be delivered personally. Sheriffs used to be responsible for the delivery of documents but they quickly realized they simply do not have the time to do so.
With the rising need for officials that are able to locate people and deliver legal documents an entirely new type of job was created. Most states quickly adopted a set of rules used to determine whether an applicant is suitable for this type of job. Servers not only deliver legal documents to individuals, but also to government departments, businesses and other law firms. In addition, they have to submit prove that the job has been done.
The job of serving legal documents is not always straight forward. In numerous cases the intended recipient must first be located. They may have moved, even to another state, or they may be aware of the pending case and took steps to avoid being served the required papers. Having to look for the recipient can cause delays, sometimes for months or even years.
Serving legal documents can be dangerous and there are many instances where messengers were attacked, abused and even killed. Serving officials may ask for help from the police but they will be required to provide very good reasons for such requests. Bureaucratic procedures may delay the process, often allowing the recipient to disappear. The police will only help to locate the recipient in extremely urgent cases.
Trespassing laws also often prevent officials from serving documents. Except for California, all other states prohibit the serving of legal documents if it achieved by contravening trespassing laws. This prohibition can make things very difficult. The problem has become an even bigger one what with the proliferation of high security housing estates, guarded buildings and extensive security systems. In such cases serving the documents can become a veritable nightmare.
In order to gain a license for this type of career it is necessary to have a clean criminal record. Some states have other requirements such as formal training sessions followed by a written examination. Many ex policemen enter into this field and a large number of private investigating agencies also offer legal document serving services.
Critics say that it far too easy to avoid being served and that the justice system is ill served by endless delays. The fact remains, however, that it is a constitutional right to be served. Justice has to be fair and it cannot be fair if all parties are not given a chance to prepare and to petition the court.
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