Do you need to serve someone who doesn’t live in the state? Perhaps they moved out, or you moved away, or maybe it’s always been that way. But the question remains: How do you serve the individual? Although this requires a bit more work on the process server’s end, the individual can be served easily.
Before you get started, make sure that the service can be attempted out of state. This depends on the nature of the case—for instance, cases involving motor vehicle accidents or real estate allow servers to serve people not living in the same state. However, if you’re attempting to serve a witness, your attorney will be required to file with the state in which that person lives.
Once you know that papers can be served in another state, you can get started. Read on to find out more.
Do Your Research
You’ll have to keep in mind that each state has its legislation concerning civil processes. In some cases, legislation might require process servers to get permission from a governing body or a sheriff’s office. In Kansas, for instance, process servers have to get approval from the county clerk to serve the process. In Wisconsin, on the other hand, any adult not involved in the case can serve papers. So before you begin, do your research about the state’s legislations. It’s sure to make the journey easier.
Hire a Process Server
Hiring a process server is easy, but you might have to do a bit of research. Look through their credentials and interview them. Make sure they understand the local rules and regulations of the court. They should also be aware of the old and recent changes made to the legislation so that they can serve the intended party properly. Feel free to ask them questions to see how much they know. Once you’re satisfied, hire them.
Having the right information is very important for your process server. Even though their job is research-driven and they’re capable of finding information, anything you provide them with can be an asset and help make the case stronger. So even if you feel that the information would be of no use, tell your process server anyway. You never know how it might help serve the right individuals.
Have the Documents Served
Once you’ve provided your process server with the right information and documents, they’ll tell you if the copies can be served. Here, your process server might ask you to scan and email the documents or upload them on the civil process software. After this, your process server will take all the measures to serve the documents.
Get the Affidavit
After the papers are served, make sure your process server provides you with a completed service affidavit. You can file it with the court. You must take it because it shows that attempts were made to serve the intended party. If the server was successful, the affidavit would include the time and date of service. The more detailed it is, the better for your case.
If you want to hire a process server, we’re here to help you. We’re one of the leading process serving agencies in New York. From preparing divorce summons papers to serving someone, we offer several legal services.
Contact us to learn more!