What Kind of Papers Does a Process Server Serve?

documents served by process serversProcess servers are responsible for a host of different legal duties including serving legal papers to prospective defendants, delivering papers to the courthouse on behalf of the plaintiff, retrieving important legal documents, and e-filing paperwork in a timely manner. Documents served by process servers must all be completed efficiently and accurately to prevent any legal delays from occurring. If the documents contain errors or aren’t delivered on time for any reason, then the court reserves the right to dismiss them, forcing the plaintiff to begin the entire process from the very beginning. Corporations, individuals, and attorneys who issue any type of legal documents for delivery should always thoroughly research the regulations regarding service of process in each state and legal jurisdiction.

Types of Documents Delivered by Process Servers

What kind of papers do process servers deliver? This is a valid question to consider if you ever find yourself in a legal situation where you need to hire someone for service of process. Typically, process servers are third party objective individuals or institutions whose only role is to guarantee the proper delivery and acceptance of pertinent legal documents. The following is a list of the types of legal documents process servers can serve on behalf of their clients:

Writs

Simply put, a writ is a written legal order demanding that the recipient make an appearance in court. The United States Constitution broadly outlines five different types of writs, all of which have Latin origins: Habeas Corpus, Mandamus, Certiorari, Prohibition, and The Writ of Quo-Warranto. Basically, the purpose of serving writs is to inform the receiving party that they’re being summoned to court for a very specific reason. Every American citizen has the right to be informed of any court proceedings that are being carried out against them and they must be given ample time to prepare a legally defensive case.

Subpoenas

A subpoena is technically categorized as a type of writ because it’s a written order that’s summoning that person to appear in court and defend their case. There are two types of subpoenas that currently exist in the United States legal system: subpoena ad testificandum which demands the defendant testify in court in front of the plaintiff and subpoena duces tecum in which the defendant is ordered to reveal physical evidence in support of their case.

Complaints

A complaint is a written statement that outlines unsatisfactory terms or a breach of an agreement against a specific party. For instance, if you contractually agree to deliver certain goods to a client, but then fail to do so or actively breach that contract, then your client has the legal right to file a complaint against you. Of course, there are certain rules that must be obeyed when serving a complaint in Texas versus other states.

Summonses

Serving a summons simply means delivering a written order telling that person they need to appear in court before a judge or magistrate and defend their case. There are three types of summonses you should be aware of: citation, civil summons, and administrative summons.

Nationwide Service of Process in Texas

If you have any questions or concerns about what process serving entails, Professional Court Services is always ready and willing to help! We’ll take the time to lend a compassionate ear to your case and make sure that your legal paperwork is handled in a professional, judicious, and efficient manner. To speak to one of our esteemed representatives or experienced process servers, please contact us today.

Photo Credit: istock.com/artisteer

The following two tabs change content below.
Crystal Schuder

Crystal Schuder

Crystal Schuder is part-owner of Professional Court Services. She has been in the process filing industry since 2004 and has years of courthouse experience under her belt. Crystal has worked with numerous attorneys, judges, and other courthouse personnel over the years and has developed a strong reputation for her professionalism within the industry.
Crystal Schuder

Author: Crystal Schuder

Crystal Schuder is part-owner of Professional Court Services. She has been in the process filing industry since 2004 and has years of courthouse experience under her belt. Crystal has worked with numerous attorneys, judges, and other courthouse personnel over the years and has developed a strong reputation for her professionalism within the industry.