Understanding the Service of Process
>> Tuesday, November 27, 2012
Recognizing legal procedures is important to prevent embarrassment and the nightmare of experiencing arrest. I’ve learned it through witnessing a fearful experience of my office friend. She was employed for more than a year in the company and no one would ever thought that she left a theft case in her previous job. Background and credit investigation were obviously neglected when they hired her and when she first entered the company thus our complete surprise with the arresting that happened exactly on our office in the middle of working hours.
We were told by the CIDG officers that arrested her in the office that summons and notices of court hearings were sent to her house but apparently she didn’t received it because she transferred home location. Failure to receive the summons didn’t exempt her for the sudden arrest as she moved unto different location without notification knowing that there’s a case filed to her. She knew all along of the theft and she ignored it let alone the summons that keep coming to her old home location.
She was being searched for after the numerous summon has returned to the sender and were not actually received by her. Hearing schedules were not attended and she was hunted by the legal authorities for supposed negligence of her case. In cases like that warrant of arrest will be issued and served upon seeing her wherever she’s located.
That’s the purpose of issuing service of process where it is defined as any legal papers sent to a person that needs to be responded within limited hours required. The legal papers can be a writ or a summons as what I’ve mentioned or a legal document. The summons will be sent when someone has filed a suit against a person. It’s the formal notice of a company or individual to the person being sued. It normally goes from a small case like a speeding ticket or a large lawsuit of varied cases where it involves three methods by which it can take place like personal service, substitute service or publication service.
Every place or state differs slightly in their procedures like Service of Process California is a bit different from that of Pennsylvania or other states. In California the person who will do the job of server should get a license first of California Process Servers where you need a $2,000 bond or cash deposit, over 18 years of age, resident of the said state for one year and definitely not a part of any lawsuit case. There’s no degree required and no test or examination to be taken.
So if you received a service process the best step is not to ignore or run from it but to consult to an attorney who can help you with professional legal advice.
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