mercredi 15 juillet 2015

The Business Of Being A Vancouver Process Server

By Olive Pate


Everybody will be involved in a legal procedure at least a few times during their lives. A death in the family, a marriage, a birth. These all involve legal processes. However, many legal matters, both criminal and civil, involve at least two parties. In order for such cases to be heard by court, many criteria must be fulfilled and the delivery of certain documentation to the relevant parties is one of them. This is where a Vancouver process server plays an important role.

Every citizen enjoys certain inalienable rights. One of these rights is the right to be informed, in writing, when someone intends to sue, lay a complaint or approach the court in any way. In the past, these notices were delivered by the local sheriff. However, this task soon proved to take up too much time and to adversely affect the ability of the sheriff to perform other important tasks.

In this way, a new job was created. People were appointed to focus on one task and one task only. They had to deliver legal documents. These functionaries serve documents on defendants, complainants, courts and even on the government. Not only are they required to serve the documents but they must also provide evidence that this has indeed been done.

It may sound as if this type of job is easy and straight forward. This is not always the case. Functionaries often have to spend time and effort in locating the person to whom legal documents must be delivered. In many such cases the intended recipient lives outside the jurisdiction of the court issuing the documents and in such cases special rules are applicable.

In many cases the person serving the documents encounter situations that can be dangerous. Some recipients are violent and it may even be necessary to ask help from the police before confronting them. The police, in turn, may be unable to help when it is know that the intended recipient will be at a specific location at a specific time. This can make the job very difficult.

Trespassing laws can also make things very difficult. No serving professional may trespass on a property in order to make a delivery. The advent of secure estates, high security apartment buildings and gated communities have compounded the problem. Successful serving then requires a great deal of patience and even surveillance. California is the only state that allows limited trespassing in order to hand over legal documents.

There is not a single federal regulation that governs the appointment of these functionaries. In some states it is necessary to complete a period of formal training, followed by an oral and written assessment. Most states also insist on a thorough background check and a clean criminal record before confirming an appointment. Many law firms and licensed private investigators perform these tasks as a sideline business.

The successful serving of legal documents can play a significant role in the direction a court case takes. It can also play a very important role in the speed with which a case can be heard by a court. If the papers cannot be served, the case is delayed. Those serving these documents therefore play a vital role in the bigger justice system.




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