dimanche 27 septembre 2015

With Help From A Process Server Surrey BC Law Firms Can Speed Up Their Cases

By Della Monroe


There are numerous rules, regulations and laws that govern legal proceedings in court. Before a case can be heard in court, all the required preceding steps must be followed. This can take time. One of the requirements for a case to proceed to court is that all relevant documents pertaining to the case must be delivered to everybody that is entitled to such documents. This is not always easy. By hiring an experienced process server Surrey BC lawyers can ensure that documents are delivered quickly and efficiently.

In days gone by it was the duty of the local sheriff to deliver legal documents such as summonses. As society became more complex, and as the number of cases waiting to be heard rocketed, it became almost impossible for sheriffs to handle the work load. They simply could not cope with all the various demands upon their time and a new plan had to be devised for delivering legal documentation.

Today, the serving of legal papers is a career by itself. Many serving officials work as independent professionals and the are paid per case. In extraordinary circumstances the delivery will be undertaken by government officials, but such cases are rare. The serving official must not only serve the documents on the intended recipient, but he must also submit proof that the delivery took place.

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.

The requirements for entering this field differ from state to state. In some states it is enough to pass a background check and to be free of previous criminal convictions. Other states require applicants to attend formal courses and to pass written exams. A large percentage of people in this field comes from a police background and many law firms and private investigating firms also employ serving professionals.

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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