Outside legal circles the Profession of process server is not widely understood. This report provides a brief overview of the role and takes a look at a few of the difficulties they might encounter when carrying out daily work. When criminal defense lawyers are asked how they could maintain a Clear conscience when representing suspected offenders, the solution is often the same: Each offender – no matter how heinous their alleged offense is innocent until proven guilty. Therefore, each deserves to experience due legal process and the opportunity to prove their innocence. Without due process the delicate scales of justice could be like a seesaw. In the United Kingdom the right to due process was enshrined in legislation in the Magna Carat in the 13th century, and it has formed the cornerstone of legal rights ever since.
A process server is charged with the task of notifying the Respondent in a legal situation they are now subject to due process and fall under the jurisdiction of a legal court. In addition to delivering the documents it is the The Phoenix Process Server.com obligation to make an accurate document that procedure was served. The record, or affidavit, is treated as proof that the Respondent was notified of the forthcoming actions against them and failure to appear in court on the appointed date could lead to default judgment in favor of the plaintiff. Naturally, not every respondent is enthusiastic about getting their day in Court especially if they stand to lose huge amounts of money in a divorce proceeding or matter of debt. This can at times make the task of a process server somewhat tough.
Especially in high value cases, respondents will often visit Fantastic lengths in order to not be served with the papers that signify the beginning of a legal procedure. Due process states that documents must be served in person, so one of the favorite avoidance tactics is just to pretend to not be at home. However, these respondents do not rely on the persistence of the typical process server – many of whom are private detectives and will most likely have the upper hand when it comes to the amount of tricks up their sleeve. Refusing to acknowledge identity, physical violence, mad disguises and even hiding in bushes are not uncommon tactics either, together with a number of other approaches that would just beggar belief to the ordinary reader. Process servers must be stubborn, tough and well able to manage themselves. Because of this, the work is usually carried out by private investigators – many of whom are ex-police officers and experienced in tracking down people and seeing through disguises, in addition to being proficient in self-defense should the occasion require it.