On this page are some frequently asked questions about Process Serving and Empire State Process Serving Inc.
What is Service of Process?
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law.
Process serving laws and rules of civil procedure are different from state to state. You should visit the State Rules of Civil Procedure section.
People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause, and writs.
One type of service is called “substituted service”. This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.
Who can serve legal papers?
When service of process was first instituted, it was performed by sheriffs or deputies, and agents of the court. This became a burden on law enforcement, so the legislation was changed. Now, in many states, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried can serve legal papers.
Keep in mind that process serving laws differ from state to state and may change. Some states require a that process server be licensed, some require registration with the county and in some states they are required to post a surety bond. Visit the State Rules of Civil Procedure section to learn more about service of process in your state. At Empire State Process Serving Inc., we believe you will get the best results by using a local, professional process serving company over the sheriff 's department.
What will E.S.P.S. INC. Do for you?
E.S.P.S. Inc., will serve your documents to the defendant or individual listed on the legal document being served, on time each and every time. Once the documents are served, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service.
How much will it cost to get papers served?
On average, the cost of a routine service can range anywhere from $35 – $100. Prices can be lower in some states and higher in others. As the serve becomes more difficult or costly for the process server, you can expect to pay more. You may incur additional mileage fees or skip tracing fees if you need the person located. Additionally, if you have a rush serve or you need papers served the next day or on a holiday you can expect to pay more.
Can papers be faxed, mailed or emailed to E.S.P.S. Inc.?
In many cases you will be able to fax or email papers to our office. You will need to find out if the original papers need to be served before determining how you will get the papers over to E.S.P.S. Inc., ( All local pick up is free of charge )
How long does it take to get papers served?
E.S.P.S. Inc. Turn-around-time (or TAT) can vary according to the priority set by you the client. However, this is something that can be determined in most cases by you, which usually leads to a higher cost. Our fees are rated on the following speeds of service:
Same Day Service
Rush Service,1 (first attempt within 24 hours) Rush Service, 2 (first attempt within 48 hours)
Routine Service (first attempt with 5-7 days)
What if the person cannot be found or is evasive?
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. Before this can happen, you may be asked to prove to the court that a reasonable attempt was made to actually serve the defendant or the person named. This is where the hiring of Empire State Process Serving Inc.comes into play because we know what works, were it works, how and why it works!!!
In some states a “Substitute Service” is acceptable. This is when someone other than the defendant is served. This should be done only as the last resort and shown as part of the Due Diligence process.
Will E.S.P.S. Inc. file my papers with the court?
Yes, Empire State Process Serving Inc. offers a suite of legal support services including document filing to all clients . It is likely that you will have to pay an additional fee for other services.
Why do you need Empire State Process Serving Inc.?
Hiring E.S.P.S. Inc. will be an important step in proceeding with your court case. We have the skills and experience to serve your legal documents in timely and affordable manner and, more importantly, serve them in accordance with the local and state process serving laws.
There are several requirements and constraints associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to and from court. It is also very important to note that legal papers cannot be served by someone who is involved in the case or legal proceeding.
If your serve is not done in accordance with the state and local rules, this can hinder your case from going forward or result in the dismissal of your case. Improper Service also delays obtainment of evidence, which can cause injunctions, court fees, and attorney’s fees.
Who should use Empire State Process Serving Inc?
Anyone needing to hire a process server should utilize E.S.P.S. Inc. This includes but is not limited to: legal professionals, collection companies, corporations, government agencies and the general public. If you are serious about your case, you want your legal papers to be
served properly the first time. Put Empire State Process Serving Inc. on
your team today.