June 10, 2017

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Learn the Lingo

June 10, 2017

Learning all of the ‘ins and outs’ of becoming a process server takes time and diligence. But remember, “Fear is for the Weak.” 

Take some time to study the terms used on a daily basis with those associated with the processing field of business. These are some of the most basic ones:

Abscond -is when you leave a specific jurisdiction to avoid being arrested or being served with legal papers.

Abuse of Process- is the misappropriation of the legal procedure by malicious or illegal means. A good example includes filing a false declaration of service or serving a grievance that hasn’t been filed, just to intimidate the particular party.

Accept -is to obtain something with consent and intent to keep it.

Acceptance of Service (AOC) -A defendant or person’s attorney can accept a petition without the process server or sheriff showing up at his/her door.

Affidavit of Service - Under oath, the signer swears before a notary that the document signed contains only true statements.

 Agent for Acceptance of Service -A defendant or his/her lawyer can retrieve a petition without the process server or sheriff making a personal delivery. The document must be in written format. Otherwise, there’s zero evidence that the papers were received. Many of the jurisdictions require a “Receipt and Acknowledgment of Acceptance of Service.”

Asset Searches -The assets are property/items that have a financial value which can include items that hold sentimental value. Assets are displayed by using inventories, balance sheets, and probate estates.

Background Investigation -A thorough background investigation can be the difference between winning or losing a case.

A Bench Warrant -is an order signed by a judge for the arrest of an individual.

Complaint -A complaint is the first document filed with the county clerk by an entity or individual. It claims legal rights against a company or individual.

Constructive Possession -Legal fiction (another name) is when a situation is treated as if it is true. For example, constructive possession occurs if you provide a person with your bank account number and request they make a deposit to withdraw funds.

Constructive Eviction -If a landlord relinquishes legal eviction and takes steps to prevent the tenant from living in his/her rented unit, it becomes a constructive eviction. It can include blocking the driveway, nailing the door shut, disconnecting the water supply, changing the locks, or shouting at the tenant.

Contempt of Court - If you defy court dignity or authority, you can be placed in contempt. For example, if you are violent towards a court official or curse at a judge, you can be in contempt of court. You can be charged with jail time and court fines.

A court order- is a resolution made by a judge, magistrate, court referee, or commissioner or an order that demands or directs someone to do something.

Court Services -Several court systems exist in the United States. You have a Court of Appeals, Criminal Court, Family Court, Appellate Court, Supreme Court, Court of Appeals, and others.

Diligence occurs when a satisfactory amount of time and attention has been placed on a specific matter. It’s a fair attempt. For instance, it is a process server’s due diligence to locate and serve an individual with legal papers.

Document Filing and Retrieving -is the preparation and filing of legal documents. Some items include corporate documentation, Certificates Evidencing Dissolution, Foreign and Domestic Certificates, Certificates of Good Standing, Certificates Evidencing Filing, franchise tax searches, certified copies, and corporate verification.

Due Process of Law- protects public and private rights against unfairness.

Personal service -is the personal delivery of legal papers by a process server.

A plaintiff -is the person who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant.

A Private Process Server is referred to as a sheriff or officer of the court.

Proof of Service -is filed with the court proving that legal documents were served to a party on a specific date regarding a court action.

Regular Process Service -is when the initial attempt to process serve the party is made within 48 to 72 hours. This number of attempts varies from two to four times.

Return of Service -is written confirmation by a process server under oath declaring that legal documents were served.

Service by publication -is to serve legal documents on a defendant by publishing the document in an advertisement in a newspaper of general circulation.

A subpoena - is a court order demanding a witness to appear and testify or to produce documents.

Substituted Service -is serving legal documents with a management level employee of a business or an adult resident of the home of the individual being served.

A Summons -is a document issued by the court at the time a lawsuit is filed. It states the file number, the name of the title of the case, the defendant and the plaintiff, and how-to information on how to contact each lawyer and party.

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