12 Dec
2007
Process Serving of Private Investigators
You may have watched movies on private investigation before. Perhaps the likes of Sherlock Holmes, James Bond, and Scooby Doo’s gang best exemplified what private investigators are. However, in real life, private investigators are not just detectives who are in search of pieces of evidence, but are also experts of process serving. This is why it is important for you to know how to perform process serving as a private investigator.
Note that a legal process server transports legal papers like complaints, subpoenas, summons, writs, and documents of a defendant.
The process server, thus, must deliver these court papers in accordance with the specified legislation within the particular area of service.
Thus, performing process serving as a private investigator calls for dedication and observance. Personally handing documents to defendants or sub-serving these to someone within the similar business or household is what private investigator must do in performing process serving.
In serving legal or court documents dedication must be exercised, because the job is not as easy as it sounds like. Delivering legal documents must attest to court procedures, plus the state with jurisdiction also contributes to the challenges of the task.
For example, in New York, it is a prerequisite that legal papers must be touched by defendant’s so as to consider it as an effective service by the presiding court.
In California, on the other hand, although it was not tasked that the documents must be touched by the defendants, there is still a requirement that there must be a “diligent attempt” to give the papers to the defendant.
Thus, private investigators must indeed be dedicated and observant in their task, since they will have to strictly comply with the given procedures of the involved state.
Now, once that these court documents are served, the process serving agent must then supply an evidence that the court papers were delivered.
With this in mind, a process server can fulfill this through attaining a legal document termed as a Proof of Service or Affidavit of Service—which must be notarized and given to the party who requested service.
These and more legal procedures, dictated by the sovereign state, are the proper manner of performing process serving as a private investigator. This task is a reassertion of the limitation of the power of investigation. Now, private investigation can be viewed in different lenses.
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