It is one’s sixth amendment right to face their accusers. The US law requires a person to be served a notice letting them know that legal action is being taken against them. This is so the accused party can prepare themselves to face the accuser in court when the time comes. But what happens if a process server can’t serve your papers? This is known as due diligence.
Who Is a Process Server?
A process server is a professional who delivers or serves the court documents to the accused party on behalf of the person who has filed the case. The process server has to perform the service in accordance with the legislation of the area of service.
A process server also specializes in skip tracing, surveillance, and certain types of investigation that often include locating people. They also file, e-file, and retrieve your documents throughout the legal proceeding.
When the legal document is served to the individual named on that document, an Affidavit or Proof of Service is given to the accusing party after getting notarized. Only a third party to the case can serve papers, but it is recommended to hire a professional process server for carrying out the task.
What Is Due Diligence in Process Serving?
The right of being served is often exploited by people, and they go the extra mile to avoid being served. This requires a process server to make extra efforts to serve the document. If that effort is complete and compliant with all the laws and regulations, due diligence is performed.
What if Your Process Server Can’t Serve Your Papers?
If the court decides that a process server has done everything in their power to serve, but the accused was still not served, the court might allow for substituted service. But if the court deems the due diligence absent, your court proceedings get postponed.
You then have two options, either to give your process server another go at performing due diligence or to hire a new one. Hire an experienced and expert process server in Maryland.
After the court declares that due diligence has been performed and substituted services have also gone in vain, the court will proceed with the case without the defendant. You can present your evidence or witnesses, and the court will pass a judgment without a rebuttal.
What Is a Substituted Service?
If a judge releases a permit for substituted service, delivery is considered made if a process server sends out the document through the mail, delivers it to your workplace, hands it to an adult family member, or gets it published.
A person avoiding being served can’t stop a judgment from being passed, but they can waste a lot of your time. To convince the court of due diligence in the first go, make sure you hire a professional and experienced process server.