Who Is A Process Server and When Do You Need to Hire One?

What does a process server do?

The two ways in which legal documents are served include personal and ordinary service. Personal service in when court documents are served by a person, while ordinary service is when court documents are served by mail, fax or email. The person who serves legal documents to individuals or businesses is called a process server. The process server is not only responsible for serving court documents to defendants involved in court or legal cases but is also responsible for document recovery and court papers filing.

The legal documents they serve to defendants or individuals scheduled for court proceedings include summons, subpoenas, restraining orders, and divorce papers. While it might seem like a simple task at first glance, it is far from being easy. Process servers must be able to stay calm and impervious under any circumstance while also being persistent and patient. Knowledge about legal procedures and rules for each province is also a major part of their jobs.  

After having served the legal documents, process servers then have to submit evidence to prove that they have indeed delivered the legal papers. This evidence is called an affidavit of service. This affidavit is proof of service that has to be notarized and produced to the court representatives, investigative firms, lawyers, or to the person who contracted the service of the process server.

Why are they important?

Even the smallest mistake in the legal procedure can lead to an entire case being thrown out. Hence, process servers are necessary because they play a key role in ensuring that the due process of law is upheld and that all legal papers are served in an appropriate and highly effective manner. Unless these legal documents are served properly, it will be impossible for the court to rule on a case if the defendant were not legally made aware of it.

In addition to maintaining records to ensure that legal proceedings can occur, process servers support legal and court activities by:

1. Locating Individuals to be Served

It is the responsibility of the process server to locate the individuals involved in court cases.

  • What does this task entail?
  • It is not just about accessing public records databases to identify the defendants’ current whereabouts and contact information. Since most individuals might try to skip town to avoid process servers, the latter have to be resourceful. They will need to find innovative ways of tracking down the defendants’ new locations and also know how to approach them even if these individuals are actively trying to evade them.

2. Hand-Delivering Legal Documents

The most important task of a process server is to hand-deliver legal papers, such as summons, subpoenas, and restraining orders to individuals involved in court cases.  

  • What does this task entail?
  • The process server cannot deliver any document without first getting the verbal confirmation that the recipient is indeed the individual named in the legal document. Once the document has been remitted, the process server must then collect the individual’s signature. This will serve as proof that the document was well delivered.

3. Maintaining Delivery Records

Maintaining delivery records is a crucial part of their job as even an open and shut case can get thrown out on a technicality, such as the mishandling of information.

  • What does this task entail?
  • Process servers need to prepare reports on their deliveries, maintain accurate delivery records for all documents they handle and update their records frequently and properly. These documents may include records of signatures, which may be used by lawyers or judges.

What are the advantages of hiring a process server?

Of all the cases a law firm handles, many of them are likely not to be in its immediate area. In these cases, hiring a process server might be the best choice for both the law firm and its clients. Below is a list of reasons explaining why law firms should consider using local process servers:

1. Lower Costs

A nationwide process server will generally charge a margin for managing the serve and more for a routine service. If you hire locally for out-of-town cases, on the other hand, you will be able to save your firm and your clients hundreds of dollars.

2. Increased Efficiency

Since the papers won’t transit from one office to another, the law firm is guaranteed a faster service. Additionally, you can count on a local process server to quickly find the people in their region, even if they are trying to run away from their court summons.

3. They know the law requirements of each province

With their legal background, process servers will be familiar with the various federal law requirements in each respective province and can, hence, ensure that a court order violation does not occur.

If you don’t want to be burdened with locating the defendant and serving the documents, consider hiring a process server. As they can take on the responsibility of serving the legal documents, you will be able to concentrate on what matters most for your firm.

Getting a Personal Loan in Australia – Part 1 of 2

If financial constraints are the only thing standing in the way of your dream or an important, we may have the perfect solution for you. Below is everything you need to know about getting the right type of loan for your needs:

Why Get a Personal Loan?

There are some instances in life that can prove to be very tough on your budget. Those instances can include sudden medical emergencies or urgent home repair and can completely drain your entire savings.

Or there might be a once in a lifetime event or opportunity that you don’t want to miss at all cost, but don’t have the funding for it. Since banks will not ask for the purpose of the personal loan, you can use that loan to assist you financially or save you from a tight spot. Personal loans can help you with:

  • Easing financial stress
  • Converting several loans into a single one (called debt consolidation)
  • Home renovations
  • Buying household goods and furniture
  • Buying a computer, laptop or other electronic equipment
  • Going on an exotic vacation
  • Supporting home loan repayments
  • Help with school fees
  • For the balloon payment on your lease

Five Advantages to Taking a Personal Loan

  1. If you choose to take an unsecured loan, you can bypass tangible collateral like mortgages and car loans.
  2. Repayment options are generally small and cover a relatively short period of time.
  3. Sometimes the interest rate is negotiable.
  4. Certain banks or financial institutions offer better interests on personal loans than on credit cards.
  5. It is possible to get a loan with a fixed interest rate repayments throughout the life of the loan.

7 Types of Personal Loans

Depending on your needs and financial situation, you can choose from a number of personal loan options. The most common types of personal loans are as follows:

1. Variable Personal Loan

Since variable personal loans levy adjustable interest rates, they are perfect for people who want to benefit from lower interest rates. The most considerable advantage of this type of loan is that it offers borrowers the possibility of making higher payments. The overpaying can lead to you paying back your debt earlier. This occurs because on some months the interest rate may be lower than others, hence making your monthly repayment higher than what it should be.

2. Fixed Personal Loan

The one risk that comes with variable personal loans is that the interest rate can rise, leading to higher monthly repayments. You can skirt this whole issue by choosing to get a fixed personal loan. Since it has a fixed interest rate, the repayments will remain constant for the entire term of the loan. Hence, this type of loan not only offers stability but can also simplify budgeting all because the monthly repayment amount stays unchanged. However, you will not be able to clear this loan as early as you would with a variable personal loan because you cannot make extra repayments towards your fixed loan.

3. Secured Loan

Loans are called ‘secured’ when the borrower offers some assets to be kept as collateral with the lender or financial institutions. Personal vehicles, personal real estate, a plot of land, investment accounts, savings account, and even jewelry and fine arts can be put up as security to borrow a certain amount of money. If the agreed repayments are not made, the lender will acquire the asset and can sell it to cover the cost of the loan. The advantages of getting a secured personal loan are that you can get a lower interest rate and borrow more money.

4. Unsecured Loan

Once you know what a secured loan means, it’s easy to understand what an unsecured loan is. Essentially, you will not be providing any asset as collateral for the amount you’ll be borrowing. However, if you want to apply for an unsecured loan, you’ll have to be able to prove that you have a regular income. The lender needs this evident to ensure that the borrower will indeed be able to repay the debt. However, you’ll probably get less than you would have you offered an asset.

5. Overdraft

Overdrafts, also known as a line of credit, are attached to checking accounts. If you’ve been approved for this type of add-on, the overdraft will help you in case you face an emergency and require urgent cash. It not only allows you to withdraw an amount, but it also protects you from missing payments. Interest payable on this type of loan is only on the amount borrowed.

6. Student Loan

If you are a student or a parent looking for a loan that will cover the course fees, living expenses, textbooks and laptop fees of your child, fear not! Many financial institutions in Australia offer student loans to help ease the financial burden of university goers. Instead of working part-time to earn minimum wage, you can sit back, focus on your studies and worry about your repayments once you’re done with your degree.

7. Debt Consolidation

Debt consolidation involves taking out a loan to repay and combine all other loans you already have. It is a type of refinancing that will not only simplify monthly repayments but also decrease the amount you have to pay thanks to the lower interest rate. Hence, debt consolidation can help you save money and reducing the loan term.

This post is Part 1 of a 2-part series. Part 2 can be found here.