Process Serving Services by CCS

What is a process server?

A process server in Australia is an individual or company that is responsible for delivering legal documents, such as court summons, subpoenas, and complaints, to a person or company that is involved in a lawsuit or other legal proceeding. They serve as the official delivery agent for the court, and their role is to ensure that the documents are delivered to the right person and in a manner that is consistent with the rules and procedures of the court.

Process servers play an important role in the legal system, as they ensure that parties involved in a legal case receive the appropriate notice and are given the opportunity to respond to legal proceedings in a timely and effective manner.

Individuals or companies that are involved in a lawsuit or other legal proceedings may hire a process server to deliver the necessary documents to the other party. Attorneys or law firms, government agencies, and private individuals may all make use of process servers to ensure that legal documents are delivered in a proper and efficient manner.

How does process serving (or document serving) work?

The steps a process server takes when serving legal documents can vary depending on the jurisdiction, the type of documents being served, and the particular circumstances of each case. However, the following is a general outline of the process:

• Receiving the documents: The process server first receives the legal documents from the client, such as an attorney or law firm.
• Researching the defendant: The process server then researches the defendant's address and other relevant information, such as their work schedule, to determine the best time and method for serving the documents.
• Attempting service: The process server then makes an attempt to physically deliver the legal documents to the defendant. This may be done in person, or through alternative methods such as substituted service, where the documents are left with someone of suitable age and discretion at the defendant's residence or place of business.
• Documenting the service: If successful, the process server prepares an Affidavit of Service, which is a sworn statement that certifies the service of the documents. This document is signed by the process server and filed with the court.
• Providing proof of service: The process server provides the Affidavit of Service to the client as proof that the documents were properly served. This is an important step in ensuring that the legal proceedings can proceed smoothly.

It's worth noting that the rules for serving legal documents in Australia can vary depending on the jurisdiction and the type of documents being served. Process servers must be familiar with the rules and regulations governing service of process in their area, and must follow them strictly to ensure that the service is valid and effective.

How long does it take for a process server to deliver legal documents?

The amount of time a process server takes to deliver legal documents can vary depending on several factors, such as the defendant's location, the type of documents being served, and the process server's workload and availability.

In general, the time it takes for a process server to complete their job can range from a few days to several weeks. If the defendant is easy to locate and the service is straightforward, it may only take a few days for the process server to complete the job. However, if the defendant is difficult to locate or the service is complicated, it may take longer for the process server to complete the job.

It's worth noting that process servers are often working on multiple cases simultaneously, so their workload and availability can also impact the amount of time it takes for them to complete a particular job.

In any case, the process server is responsible for ensuring that the legal documents are delivered in a timely manner and in accordance with the rules and procedures of the court. If the process server encounters any difficulties or delays in completing the job, they should communicate this to the client and work with them to resolve any issues as quickly as possible.