Frequently Asked Questions
How long have you been in the Process Serving Services Directory Business?
A.C.E. Technology Inc. has been in the legal support service business for about twenty eight years.
What is the type of Private Process Server and or a Constable listed in your directory?
A Private Process Server and or a Constable listed in our directory, serves legal Civil Unenforceable Process. They are professional legal couriers who delivers and serve court documents, notices and demand letters for attorneys, law firms, private individuals, corporations, business owners, government agents or organizations. Process Servers and Constables act in accordance with applicable laws and under the directives of the Attorney or person who is litigating the matter requiring notification of intent.
Are there rules and laws that Process Servers in your directory follow?
Yes, Of course! Each state in America has its own rules and laws as to how service of process, the delivery and service of legal documents are "Served" upon witnesses, respondents and defendants. Moreover, most process servers are familiar with the laws of the county or state where they serve process. In addition, each state has a process servers association. Joining an association would also allow you to have access to a code of ethics and a great source for new and changing laws. You should also be aware that U.S. District Courts have rules of civil procedure that may differ from the state courts.
Why does someone need a Private Process Server or Constable?
Private Process Servers and Constables are familiar with laws, statutes and regulations related to service of process in their area. There are certain requirements and few constraints that are associated with service of process depending on document type and jurisdiction.
What is a Private Process Server Agency?
A private Process Server and Constable Agency is a business that specializes in handling the delivery and service of legal documents. The word "Agency" usually refers to a business with more than one Process Server or constable
Does a Private Process Server need to be licensed?
A process server does not need to be licensed in every state. Many states require licensing however those who are not licensed operate within the professional guidelines and nationwide association and state organizations overseeing the ethics of all Process Servers.
What is a Proof of Service or Affidavit of Service?
A Proof of Service or an Affidavit of Service is a formal sworn statement that your Process Server will provide after service is made and will state who, when, where and how your legal documents were served. In some states, such as Florida the sworn affidavit is called a Return on Service.
What is a Subpoena?
An order of a court or demand by an Attorney which requires a person to be present at a certain time and place. There are legal consequences and possible penalties for those who do not comply with a Subpoena. A Subpoena is the most widely utilized tool used by lawyers to ensure that witnesses present themselves at a given place, date and time to make them available to offer evident and to testify.
What is a Subpoena Duces Tecum?
A Subpoena Duces Tecum is a demand to produce records at a certain time and place. There are legal consequences and possible penalties for those who do not comply with a Subpoena Duces Tecum. A Subpoena Duces Tecum is the most popular legal command and assists with due process and court proceedings.
What is substituted service of process?
If a party appears to be avoiding service of court documents, a request may be made with the court to, instead of personal service (i.e. giving the document directly to the person), that the document be published in a local newspaper, served on a person believed to reside with the person, posted to a front door and then mailed or mailed to a last known address.
What is a Summons?
A summons is a legal court issued document or writ directing the sheriff or other officer to notify a person that an action has been commenced against that individual or entity and that he or she is required to appear, on a certain day, and answer the complaint in such action.
What is legal Service of Process?
Service of Process is when legal documents like, summons, complaints, subpoenas, order to show cause, writs, demands and other court documents are delivered to the individual or business to whom the legal document is directed.
What does a Private Process Server do?
A Private Process Server delivers (or serves) legal documents such as, but not limited to, summons, subpoenas, complaints and other court documents to a defendant, witness or an entity involved in a court case or legal proceeding. The process server must serve the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business.
Do I need a Process Server?
YES. Hiring a legal Process Server is an important step in proceeding with a court case or mediation. In some states someone who performs service of process is required by law to be licensed, so if you are in one of these states, the answer is simply, definitely! Even if a process server does not need to be licensed in the state where you need service, you should keep in mind that a process server is someone who is experienced in serving legal documents efficiently and in accordance with standard ethics and laws. More importantly, professional process servers are knowledgeable of the legislation surrounding service of process in their jurisdiction, state, county or country. If the service is not performed in accordance with the law, improper service can hinder the case from going forward, or result in the dismissal of the case. Improper service also delays obtaining crucial evidence, which can cause injunctions, and increase in court fees and additional attorney fees.
What is Service of Process?
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law. Process serving laws and rules of civil procedure are different from state to state, and country to country.
Where can Defendants and Witnesses be Served Process?
This depends on which state, jurisdiction or country the papers are being served in or are coming from. This is also an important reason why you need an experienced Private Process Server. In most places, you can serve anyone, anywhere and at any time provided no laws are violated.
Are there locations where Process Servers do not serve process?
Yes. Please ask the Process Server you hire or call us.
What if the Defendant or Witness cannot be found or is allusive or evasive?
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper or alternate means. Otherwise, you should always hire a Private Process Server to handle locating and serving your documents.
Why a Legal Private Process Server?
Hiring a Legal Process Server is an important step in proceeding with a court case. Process servers have the skills and experience to serve your legal documents in timely and affordable manner, and more importantly serve them in accordance with the local, state, federal and Hague convention process serving laws. There are several requirements and constraints associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to court or legal proceedings. It is also very important to note, that legal papers cannot be served by someone who is involved in the case or legal proceeding, also known as a dis-interested party. When a service of process transaction is not handled in accordance with applicable state, jurisdictional, Hague Convention and or federal rules, the questionable service may impede the lawsuit from moving forward, or result in the delay of the case, cause additional fees and or dismissal of a service or entire case.
Can you explain what a Registered Agent is and why Process Servers should know about Registered Agent?
Yes, of course! Registered Agents are the pillar to most businesses in America. To learn all about Registered Agents and why Process Servers should know everything about a Registered Agent click on this link ? Registered Agents and Service of Process
Do you know of a process servers service consulting company that can assist with acquiring or developing a process server agency?
Yes! Process Server Advisory Services are provided by A.C.E., Inc. and can be reached by emailing us. Please click on the "Email Us" tab above.
What are Skip Tracing Services?
Skip tracing (also skip tracing) is a legal professional term used to describe the process of locating a person's whereabouts for any number of purposes such as but not limited to, missing people, locating witnesses, finding defendants and searching for lost friend and family members. A skip tracer is someone who performs this task, which may be the person's primary occupation. The term comes from the word "skip" being used to describe the person being searched for, and comes from the expression "to skip town," meaning to depart, perhaps in a rush, and leaving minimal clues behind for someone to "trace" the "skip" to a new location. Need assistance? To contact a nationwide skip trace and private investigation agency locate service, please use the contact form and get a response within minutes.
Skip tracing tactics may be employed by process servers, debt collectors, bail bond enforcers (bounty hunting), private investigators, attorneys, banks, insurance companies, corporations, police detectives, or as a part of any investigation that entails locating a subject whose contact information is not immediately known.
Is there a company that will assist Process Servers with obtaining a website name or process server domain name?
Yes, the owners of this directory will provide you with process server website names and marketing information.
What are the most popular types of legal documents served by Process Servers?
* All Legal Documents
* Child Support Modification
* Divorce Papers
* Domestic Relations Court Summons
* Forcible/Special Detainer
* Injunction Against Harassment
* Order to Show Cause
* Order of Protection / Restraining Orders
* Subpoena Service
* Summons & Complaints
Tell me about the word Subpoena and its use in America?
A Witness Subpoena by definition is a command to appear at a certain time and place to give testimony upon a certain matter. The term is from the Middle English suppena and the Latin phrase subpoena meaning "under penalty." The term may also be spelled "subpena."
A subpoena is an order requiring the attendance of the person named in the subpoena at a specified time and place for the purpose of being questioned under oath concerning a particular matter which is the subject of an investigation, proceeding, or lawsuit. A subpoena is issued by someone authorized by law, usually by the attorney for a party to a lawsuit, but very often issued by someone authorized to conduct an investigation such as the State Attorney General or local District Attorney.
In addition to requiring the attendance of a person, a subpoena may also require the production of a paper, document, or other object relevant to the particular investigation, proceeding, or lawsuit.
A subpoena will identify the person who issued the subpoena as well as the general nature of the proceeding to which it relates, although not necessarily the precise subject matter of the proceeding. If you are served with a subpoena, you cannot ignore it. If you do, you risk being held in contempt of court, even if the subpoena was not signed by a judge.
Deposition subpoenas differ from trial subpoena's in terms of whether the individual deposed can be compelled to travel. The question of fees for time expended at deposition or trial frequently becomes a point of disagreement between served people and attorneys. The law provides that a fact witness must be given a statutory dollar amount per day witness fee and payment by the mile traveling fee. However, the Civil Rules of Procedure provide that an expert or skilled witness is allowed a witness fee in whatever reasonable amount the Court may determine. Under this provision, the first question presented is, who qualifies as an expert or a smart witness? Often, slick attorneys, for example, will suggest that a treating doctor is no more than a fact witness and, therefore, not entitled to additional fees. However, this position is generally not accepted by the courts. They usually allow physicians, whether treating or hypothetical experts, an expert witness fee.
The correct spelling for Subpoena is SUBPOENA. Note, the O comes before the E. We have found most people who we communicate with spell Subpoena wrong. The misspelled word appears as "Subpeona" whereby the E is incorrectly placed before the O. Be advised, [this way] Subpeona is spelled wrong.
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