What Is 24-Hour Legal Process Service?
Legal process service is the legal term used to refer to the delivery of documents during a legal proceeding. Documents that will proceed through the courts must be delivered to the appropriate parties in order to guarantee their existence in court. Most people are familiar with process service as being a straightforward procedure following a straightforward definition: the delivery of legal documents. Of course, there are exceptions. In extremely time-sensitive matters, it is necessary for legal process service to happen at a rapid pace. When a lawsuit is imminent and the receiving party would have ample opportunity to dispose of the evidence if not served immediately , the service must often go beyond the standard process. In cases such as these, attorneys often seek out a 24 hour legal process service provider to deliver the paperwork while ensuring that the transfer of the documents is recorded and acknowledged to prevent any disputes as to the delivery. With a 24 hour legal process service, a provider is prepared to fulfill a request at virtually any time of day or night, creating the convenience and efficacy that mirrors the severity of the matter in need of service.
Why 24-Hour Legal Services Matter
When faced with tight demands for resolving legal matters, the round-the-clock service provided by field representatives ensures that deadlines are met and that a negative impact is avoided. Many situations require prompt legal process that can be difficult to manage due to time restrictions. Here are just a few: Just like at 9 a.m. in the morning, some legal matters require immediate attention lawyer during off-hours. Fortunately, these client cases can be appropriately addressed when a law firm has access to 24/7 process servers in New Jersey and New York. By strategically planning ahead, or simply being available to react quickly, law firms that utilize legal process services 24/7 can provide legal services at any time of day. For legal matters with deadlines, taking advantage of 24/7 service ensures that the necessary documents are filed or served just in time.
How 24-Hour Legal Services Function
Most legal process service companies operate either as part of a larger law firm or independently. For smaller firms or those beginning to service a small market, a lone process server may be all that is needed to cover a limited area. In this case, a typical procedure for accomplishing 24-hour service is to take advantage of technology to ensure that the serving request is quickly and efficiently entered into a central database.
From the moment the order is received, it is sorted by geographic location and assigned to a process server nearest the subject’s location. Some process servers may be on call 24 hours a day for this type of urgent service. Immediate communication with the process server is made by phone, text message, or e-mail, including all pertinent information about the subject, such as address, phone number, anticipated contact, and the nature of the legal matter to be served.
If the process server is able to make the service at that hour, a status report is immediately sent to the legal process service company. Most companies have been in business long enough to anticipate the most common refusals and evasions, such as changing addresses, always being unavailable, etc. As such, their responses often include information from prior delivery attempts.
Depending on how the company handles documentation, the process server may be required to submit a sworn affidavit of service usually within 48 hours. In that case, the status report acts as a placeholder, reminding the company that the process server has been active and productive. Even in those state (such as California) which allow for electronic filing, however, there is a time limit for initial filing similar to other states. Other web-based software may allow the status report to serve as a placeholder for electronic filing.
If the document cannot be served in the immediate time period, the process server typically makes a few more follow-up calls at all hours of the day for the next several days. It is not unusual to make service at 3AM or 6AM, if that is the only time that a defendant is available. If the document cannot be served, the process server notifies the company. If there is any chance that a party might be found, companies may offer a bounty for discovery of a legal document or a scheduled appointment time. Many companies allow clients to specify a set of geographic locations in which a party might be found. Once that party is contacted, a follow-up service appointment is set, which drives down fees when 24-hour legal process service is necessary.
When to Choose a 24-Hour Legal Process Service Provider
Many providers offer legal process service 24 hours a day, but it’s important to choose a provider with reliability and thorough geographic coverage. Start by asking yourself how far your Cases extend geographically. Do you need to serve cases statewide, locally, or across the region or country? Not all 24-hour process servers cover every state, so keep that in mind as you look at companies either locally or nationwide. Also check for client reviews online to make sure the provider has satisfied clients. This is a very important aspect in choosing a good legal process service provider. Too often, a provider will claim to have the lowest legal process service fees, while clients receive poor service in return.
Legal Compliance & Standards When Using a Process Serving Service
In the legal system, parties must be notified when they are being summoned to appear in court. This "service of process" is a critical step that ensures due process and leverages the participants’ right to due process2. The process by which a party is served ranges from through certified registered mail to in-person service by a professional process server 24 hours a day7 days a week.
In California, there are two ways to serve process: (1) by mail or (2) personally. Either method, however, must be made in compliance with the legal standards of the state and with all uniform statutory provisions specific to that type of service. The defendant must be served with the initial complaint within the timeframe specified by the California Code of Civil Procedure (CCP) (CPR 9 . 11(a)) for filing the first responsive pleading. If not, there can be adverse implications for the plaintiff (CPR 9.10). Failure by the plaintiff to serve within 3 days of filing an action could result in forfeiture of any prospective recovery of litigation costs against the defendant that would have resulted from service of process (CPR 4.02). Any action brought by the plaintiff must comply with legal standards both in terms of (1) how service of process is made and (2) the verification of the process itself upon being served. This ensures both validity and legality of the service of process and satisfies the requirements of veracity and accurateness by the courts (CPR 2.13; CPR 4.01).
Examples of Urgent Legal Situations
There are numerous situations where attorneys, law firms, or court personnel may require 24-hour service of process, and also several different types of 24-hour services available. Complex cases may involve service to defendants or key witnesses in different states, requiring that part of plaintiffs’ team be present for any court hearings. Publicity may cause individuals or companies to relocate, which requires immediate service. In other cases, the urgency for service arises due to injunctions or other pleadings. Examples of situations where swift, competent and seamless 24-hour service is required include: When the case involves time-sensitive pleadings such as temporary restraining orders or restraining orders. When the litigation involves complex service requirements, such as multi-step legal notification and notice, especially when deadlines require parties to be physically served in numerous states on the same day, and/or referees, arbitrators, witnesses or other material parties must also be timely served with appropriate documentation. When there are emergency injunctions, motions for summary judgment, temporary restraining orders or similarly urgent legal issues. When serving imprisoners or those confined to an institution or held as involuntary patients so that they may oppose issues in the matter. When attorney up or out deadlines require notification of one’s adversary. When service must be done only the day before or the actual after a responsive pleading is due. When parties must be located quickly due to relocation, publicity or other issues. When the situation is or may become a high profile matter. Situations where there are multiple service requirements that follow a chain of events that must be perfectly followed to prevent issues from arising at later stages of the legal process. Situations where service cannot be accomplished through mail or judicial mail.
The Cost of 24-Hour Legal Services
The costs of 24-hour services can be significant. That said, using 24-hour services need not cost you much at all. Truly emergency situations that require your immediate attention and need to take place within 24-hours of request come with the highest price tag. So unfortunately do long distance rush services that involve a lot of unexpected travel. And you pay for the results. Those services that don’t require your immediate attention or do not carry consequences for missing that deadline do not have to break the bank.
A 24-Hour service implies that once you place the order, the process service takes place within twenty-four hours (quicker orders can be arranged if needed, as mentioned above).
Diligent process servers will let you know in advance both the range of their fees when your order is being taken and if they are optimistic about their ability to meet the deadline. They will always let you know when they are unable to serve the papers in the time frame you require, giving you the opportunity to decide if you still want the service performed, if there is a better service that can be offered or if the case you are working on is less urgent than you first thought.
Most service providers will use a combination of in-state and out-of-state companies or individuals as needed for 24-Hour rush services. Prices vary considerably based on urgency and location. An attorney may pay $125 for a 24-Hour Rush within the same state (within a 50-mile radius of the individual’s place of work) for a 7 a.m. visit. But a similarly urgent rush service on a Friday in Hawaii from Los Angeles will cost at least $350, possibly more.
The Future of 24-Hour Legal Process Serving
The legal landscape is ever-changing, and the industry of legal process service is keeping pace with these transformations. Progressive technology is stepping up to meet the demands of fast-paced law practices. For example, advanced GPS systems and smartphone technology deliver the specialized reporting services legal professionals consider essential for process serving results. Paperless reporting systems are extremely efficient and add convenience by eliminating the need for cumbersome paper for per job and are generally recorded on a CD; along with the ability of a reports to be sent electronically, via e-mail . Database innovations also create a more sophisticated level of information to track the progress of the job throughout the entire process. All of these innovations save time and money, while providing a higher level of service. The evolution of process service in the 21st century provides advantages for clients, as well as increased competitiveness for firms. It’ll become increasingly important for law firms to remain aware on current events, as these trends have a direct impact on their work.