When you hire a process server, you’re hiring someone who acts as a procedural safeguard, allowing courts to move cases forward confidently. They protect due process while preventing costly delays or challenges. Choosing the right process server means balancing legality, transparency, and efficiency.
If you’re a huge fan of legal TV dramas or movies, or even slice-of-life comedies, you’ve probably heard the phrase “you’ve been served” a couple of times. And it often implies that the recipient needs to go to court for a case against them.
The people delivering the iconic phrase, along with an envelope of legal documents, are process servers. Now that you’re the one filing a case against someone, you’ll need their services as well.
But why are they necessary? And what should you consider when hiring them?
What a Process Server Actually Does
When people think of a process serving company, they might not realize the nuances involved with the role. They may just assume that someone is quickly handing off documents.
In reality, their job is more of a safeguard built into the legal system. Although they deliver documents, their overall role is much bigger and more important.
A licensed process server is an independent intermediary between the court and the person who is being notified. Their role is to ensure that all legal documents arrive in accordance with a series of strict procedural requirements. These requirements protect all parties involved.
Courts rely on process servers. This is because of:
- Timing
- Accuracy
- Documentation
A lawsuit can’t move forward unless the court is confident that the other party was properly notified, which is where process servers come into play. This is also why service isn’t treated as a formality. Instead, it’s seen as an essential step that validates everything that follows.
Process servers also serve as neutral witnesses in the legal process. They maintain the following:
- Records
- Reports
- Affidavits
These documents become part of an official case file. If at any point service is later questioned, those records can determine whether a case moves forward or stagnates.
Understanding this role upfront helps explain why process serving is heavily regulated. It also explains why shortcuts are risky and why professional service is often essential before a case can move forward.
Upholding Due Process
The United States Constitution states that “no person should be deprived of their life, liberty, or property without the due process of law.”
Process servers help uphold this rule by making sure that the defendant(s) in your case get proper notification of the legal actions against them. After all, a court case, and possibly a conviction or settlement, may change their life forever.
Efficient Service
Another need that process server services fulfill is efficiency. Some defendants, especially those who know they face a lawsuit, may deliberately avoid people they have trouble with.
As such, you may find it hard to track down the person you’re pressing charges against. A process server addresses this issue because they have the necessary training and experience to find the person in question and serve them their documents strategically.
County sheriffs once took care of the sensitive and difficult nature of this task. However, as city populations ballooned, so did the demand for legal document serving. Courts and legal firms have come to rely on process serving firms to notify even the most elusive defendants promptly.
Necessary Considerations
Although process servers in Brooklyn, NY, provide an efficient and legally sound way to notify a defendant, you shouldn’t just hire the first firm you see online or on your block. You should evaluate your options to determine which company offers the best services for your needs.
Here are factors you should consider when hiring a process server.
Tracking Procedures
When vetting a process server, you should first ask about the methods they use when locating defendants. You don’t want your case mishandled because the person you commissioned used illegal tactics.
An example of an unethical tracking method is hacking the defendant’s phone to obtain location information. Some legally sound tracking methods include:
- Looking at the defendant’s public social media posts for clues about their current location, like check-ins or recent photos.
- Contacting neighborhood authorities for information about the defendant’s current address or whereabouts.
- Extensively researching public databases for the address of the defendant, if they’ve skipped town
It’s always better to hire a process server who takes the time to provide legal and ethical services. You are seeking justice, after all. Why not make the process as ethical and clean as possible?
Speed of Service
On average, process servicing takes between five days and a week. If they promise you more than that, it’s best to move on to another firm.
You must legally notify the defendant as soon as possible to lessen possible delays in your case. If you’re in a pinch, ask for next-day or same-day court document delivery.
The best process servers should be able to balance legal service with timeliness.
Updating Methods
Ask how they keep you posted on the service process. It would be ideal for them to have GPS tracking, email or text notifications, and/or instant updates when the defendant is served. In this digital age, you should expect nothing less than real-time updates from your process service provider.
Backup Plans
While personal service is the most efficient method, this can be difficult if the defendant is being evasive. Your process server should be knowledgeable about other ways to deliver legal documents in New York, like:
Substituted Service
If the defendant isn’t at home or in their office, the process server can leave the documents with someone the recipient knows. The New York State Unified Court System states that the substitute should be responsible enough to deliver the papers to the defendant, even if the defendant isn’t of legal age.
A babysitter, secretary, or even coworker is a trusted substitute. Drunk colleagues, relatives, or small children, however, aren’t suitable.
Conspicuous Delivery
If the process server is unsuccessful in finding the defendant after at least two attempts at different times of day, they can ask the plaintiff whether they can make conspicuous delivery. This involves leaving the papers where the defendant will likely stumble upon them.
This can involve taping the documents to the defendant’s office or home door.
The serving process is a challenging but necessary legal task. As such, you should only trust professional servers to do the job for you.
Use these entries as a checklist when interviewing your prospects, and you’ll surely find one that helps you get your case moving as soon as possible.
Frequently Asked Questions
Can I Serve Legal Papers Myself in New York?
Not usually. In New York, the law typically requires a neutral third party to serve legal papers. Even if there are exceptions, when you serve papers yourself, there are credibility issues you can’t ignore.
What Happens If Service Is Done Incorrectly?
Improper service can delay proceedings. It can also invalidate filings or even result in a case’s dismissal.
Courts take service rules seriously. This is why correcting errors typically means starting the service process over from the beginning.
Can You Be Served by Mail in New York?
Mail alone is usually not sufficient for initial service in New York. Judges allow mailing in some circumstances or even as a follow-up step.
However, courts generally require stricter service methods. This ensures that the recipient is properly notified.
When you rely on mail without meeting legal requirements, you may jeopardize a case in Brooklyn, NY.
What Happens If a Server Can’t Find You?
The case doesn’t automatically end just because a process server can’t locate the intended recipient after repeated documented attempts. Instead, the court may review the server’s records.
If they feel it is warranted, they may allow alternative solutions. The most important thing for courts is whether everything is properly documented and numerous good-faith attempts were made.
What If the Defendant Lives Outside New York?
Out-of-state service is allowed. Keep in mind that it must follow both New York rules and the laws of the state where the defendant is located.
This usually means that you’ll have to coordinate across different jurisdictions. Unfortunately, this can affect timelines and cost.
How Much Does Process Serving Typically Cost?
Costs vary. They are usually based on urgency, location, difficulty, and any other special requirements.
Routine service is generally less expensive. On the other hand, rush requests or evasive situations may come with heftier fees.
Why Hire a Professional Instead of Cutting Costs?
Process serving is a legally essential step. A professional ensures that service is completed correctly and documented properly.
They also ensure that it’s defensible in court. This is important, as it protects your case from avoidable delays or other challenges.
Hire a Process Server and Reliable Partner
If you’re looking to hire a process server in Brooklyn, NY, turn to Serve Index LLC. We help individuals, law offices, and corporations with our wide variety of legal support services. Our process service offers convenient features like real-time GPS tracking and email notifications, as well as next-day or same-day delivery.
Contact us today for ethical and quick process servicing.