A process server is a legal professional responsible for the service of the legal process. From a legal perspective, the process refers to documents associated with legal proceedings.
In legal proceedings, it is important that both parties are made aware of matters including the issuing of proceedings, as well as applications for court orders. A process server must also be able to identify and prove that the correct person involved in legal proceedings has been served.
There are various functions of a process server, so let us discover 3 different circumstances when you might need their services.
Injunctions
When dealing with a potentially violent spouse or partner, you might want to obtain the protection of the court through injunction proceedings. Put simply, an injunction is a court order that requires someone to do or not to do something. An injunction is aimed at preventing your partner or ex-partner from using or threatening violence against you or your child, or intimidating, harassing, or pestering you, in order to ensure the health, safety, and well-being of yourself and your children. You can learn more about injunctions by contacting a team of colorado springs process servers like Assurance Investigations and Process Service.
Furthermore, If you do not feel safe continuing to live with your partner, or if you have left home because of violence, but want to return and exclude your abuser, you might want to apply for an injunction that can also regulate who can live in your family home and can restrict your abuser from entering the surrounding area. For urgent protection injunctions to come into force, you will need to obtain a court order without notice to the respondent. The protection is given by this type of order, including the power to arrest the respondent if the order is breached, which only commences when the order is served. Therefore, a process server can serve this type of order as a matter of urgency and simultaneously prove service.
Bankruptcy Petitions
The ability of a process server to trace, serve, and prove service can also come in useful when delivering bankruptcy petitions. To elaborate, a bankruptcy petition is an application to the court, through lawyers, for assets to be taken and sold to cover debts. A bankruptcy petition can be made by a debtor or their creditors. With the approval of the courts, assets belonging to the debtor are sold and distributed between creditors equitably. In essence, a bankruptcy petition is presented by a creditor or representative on the basis that the debtor is unable to pay their debts.
It is no secret that insolvency procedures can be complex but working alongside a reputable process server can get your case off the ground. Insolvency laws require that bankruptcy petitions must be served on an individual. This means that papers should be served in accordance with any special instructions from the courts. Consequently, a process server can provide witness statements or affidavits as proof of service, and this can avoid any delays in your case. Moreover, acting quickly in insolvency cases is crucial to ensure that creditors have the best possible chance of recovering the money that is owed.
Divorce
If you are considering getting a divorce, then a process server might be able to help you to begin the divorce process. For instance, if your spouse cannot be traced, or if your spouse is refusing to acknowledge receipt of divorce proceedings, then contacting a process server might be the only way that you can make your intention to divorce official. Getting in touch with a process server and providing them with any relevant information, allows them to trace the respondent in your case, and if necessary, service the necessary papers before filing the evidence of service. Doing all of this enables the courts to proceed with your divorce.
Process servers are particularly adept at initiating divorce proceedings. They are prepared to work varying hours in an attempt to catch elusive subjects and can even attempt to serve people after regular business hours and on weekends if other attempts have been unsuccessful. Process servers also have experience finding people who have moved or are otherwise unable to be found at a provided address. Essentially, if all other conventional methods of serving your divorce papers have been unsuccessful so far, or if you are simply not sure where to begin, hiring a process server could be the perfect solution.
Ultimately, if you are ever involved in any legal proceedings, then there is a good chance that you will require the services of a process server. Above all, the best process server for your needs should be discreet, professional, and committed to only serving legal documentation once they are totally certain that they have located the correct person.
Are you preparing for a divorce? A professional process server can help you to locate your spouse and can serve divorce papers correctly, to speed up the court process. For more information about divorce and the law, check out this guide to finding a divorce attorney.
