Wednesday, July 15, 2015

How A Vancouver Process Server Helps To Ensure A Fair Justice System

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.

The constitution of the Unites States clearly states that it is the right of every citizen to be informed if he has been summoned or if he has been involved in a legal matter. At first, all legal documents were delivered to the intended recipients by the local sheriff, but this soon became impossible. Delivering legal documents started to interfere with the ability of sheriffs to perform other primary tasks.

Thus an entirely new type of career was created. The serving of legal papers became an occupation. These functionaries are tasked with the responsibility to ensure that the government, individuals, businesses and law offices receive relevant legal documents on time and in the correct manner. After serving the documents they have to provide proof that is has been done.

Many people think that this is a cosy job. All you have to do is deliver the proper papers to the correct person. This is most certainly not the case. In a large number of cases the biggest challenge is to actually locate the person that must be served with the papers. It is specifically defendants that often hide away, knowing that as long as the papers are not served, they cannot be taken to court.

The job can sometimes be dangerous. There have been many cases of recipients becoming violent. In such cases the help of the police can be called in, but only if they can be convinced that there is a real danger. In some of the states it is allowed to deliver the documentation to a responsible adult such as a family member of the intended recipient. In rare cases the papers may even be posted.

Another big problem faced by those in this career field is that they are not allowed to trespass on properties in order to deliver their documents, however innocuous the trespass may be. Such deliveries are deemed invalid. Gated communities and high security housing estates therefore pose a very big problem. Only in California is a limited exemption from trespassing granted to those serving 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.

Nobody wants to be involved in legal disputes. It is at least of comfort to know that the law requires that all parties concerned have to be duly informed when they are accused or when they are deemed to be a participant in a court case. At least there can be no sudden nasty surprises.




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