Thursday, July 9, 2015

Why A Vancouver Process Server Perform An Important Function

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 has the right to be informed, in writing and personally, if they are to become part of a legal issue. This right is enshrined in the constitution and nobody may proceed with a court case unless all the participants have been informed and given a chance to petition the court regarding the matter. In earlier days, sheriffs were responsible to deliver the relevant documents, but this duty started to infringe on their other priorities.

Delivering legal documentation and notices became a new career type. Those that choose this career will be responsible for ensuring that relevant documentation is delivered to intended recipients on time. They do not only deliver documents to defendants, but also to legal offices, the government, businesses and courts. Delivery must be confirmed by providing written proof that it has indeed been done.

This job does not compare with that of a postman that simply have to deliver the correct documents to the correct address. Serving professionals often have to first find the recipient of documentation. Many people try to avoid being served and if the documents have to be served personally, locating the recipient can prove to be a real challenge. In some cases the recipient has moved to another state or even to another country.

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.

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.

The rules governing the appointment of licensed serving functionaries differ from one state to the next. In some states some formal training is required. Many states also require applicants to show that they have no criminal record and that they have a clear credit record. It is interesting to note that many private investigators serve legal documents as part of their services.

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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