Most people will be astonished to learn just how many steps are necessary before a case, either criminal or civil, can be heard in court. The legal system consists of many checks and balances. One requirement is to notify individuals or organizations about pending actions that involve them. This notification must be in writing and it has to be delivered personally. Luckily, with assistance from a professional process server Surrey BC lawyers can speed up the process.
No legal proceedings may be instituted on any individual or organization without informing them of the intention to do so. This has to be done in writing. In many cases the documentation has to be delivered to the recipient in person. In earlier days this was the duty of the local sheriff but it soon became too time consuming and this duty started to affect their other responsibilities negatively.
Today, the serving of legal papers is a career by itself. Many serving officials work as independent professionals and the are paid per case. In extraordinary circumstances the delivery will be undertaken by government officials, but such cases are rare. The serving official must not only serve the documents on the intended recipient, but he must also submit proof that the delivery took place.
This job is not as easy as it sounds. In many cases the intended recipient of the documents do not want them delivered. In this way a pending court case can be avoided or at least delayed. The serving official therefore often spend much time on locating recipients. The cost of delivering the documents can become prohibitive if the recipient has moved to another state or even abroad.
Serving officials also sometimes have to face extremely risky situations. There have been incidents where they were abused and even physically attacked. In such cases the officials have to call in the police to protect them and to act as witness that the necessary documents have actually been served, even though the recipient refuses to sign an acknowledgement. Many serving professionals are licensed to carry firearms.
Trespassing laws have also proved to be a great hindrance. Officials are not allowed to bypass laws on trespassing to deliver their documents. Gated communities, high security apartment blocks, fenced homes with access control systems and secure housing estates makes it very difficult to gain access in a legal manner. Interestingly, the state of California is an exception in this case. There, trespassing laws are not applicable when legal documents are to be delivered.
In order to gain a license for this type of career it is necessary to have a clean criminal record. Some states have other requirements such as formal training sessions followed by a written examination. Many ex policemen enter into this field and a large number of private investigating agencies also offer legal document serving services.
Delivering legal documents can sometimes be difficult, expensive or even dangerous. However, the right to receive such documents is a fundamental right in terms of the constitution. These rights are unalienable, even if the observation of such rights sometimes delay the legal process.
No legal proceedings may be instituted on any individual or organization without informing them of the intention to do so. This has to be done in writing. In many cases the documentation has to be delivered to the recipient in person. In earlier days this was the duty of the local sheriff but it soon became too time consuming and this duty started to affect their other responsibilities negatively.
Today, the serving of legal papers is a career by itself. Many serving officials work as independent professionals and the are paid per case. In extraordinary circumstances the delivery will be undertaken by government officials, but such cases are rare. The serving official must not only serve the documents on the intended recipient, but he must also submit proof that the delivery took place.
This job is not as easy as it sounds. In many cases the intended recipient of the documents do not want them delivered. In this way a pending court case can be avoided or at least delayed. The serving official therefore often spend much time on locating recipients. The cost of delivering the documents can become prohibitive if the recipient has moved to another state or even abroad.
Serving officials also sometimes have to face extremely risky situations. There have been incidents where they were abused and even physically attacked. In such cases the officials have to call in the police to protect them and to act as witness that the necessary documents have actually been served, even though the recipient refuses to sign an acknowledgement. Many serving professionals are licensed to carry firearms.
Trespassing laws have also proved to be a great hindrance. Officials are not allowed to bypass laws on trespassing to deliver their documents. Gated communities, high security apartment blocks, fenced homes with access control systems and secure housing estates makes it very difficult to gain access in a legal manner. Interestingly, the state of California is an exception in this case. There, trespassing laws are not applicable when legal documents are to be delivered.
In order to gain a license for this type of career it is necessary to have a clean criminal record. Some states have other requirements such as formal training sessions followed by a written examination. Many ex policemen enter into this field and a large number of private investigating agencies also offer legal document serving services.
Delivering legal documents can sometimes be difficult, expensive or even dangerous. However, the right to receive such documents is a fundamental right in terms of the constitution. These rights are unalienable, even if the observation of such rights sometimes delay the legal process.
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