Monday 13 July 2015

How A Vancouver Process Server Helps To Ensure A Fair Justice System

By Olive Pate


The legal system is incredibly complex. In order to ensure that justice is done there are numerous rules and laws that have to be obeyed before a case can go to court. Even in this electronic age there is often a mountain of paperwork that must be done before a case can proceed. One important rule is that all relevant documentation, such as summonses, must be delivered to the intended recipient. This is often the task of a Vancouver process server.

Every citizen enjoys certain inalienable rights. One of these rights is the right to be informed, in writing, when someone intends to sue, lay a complaint or approach the court in any way. In the past, these notices were delivered by the local sheriff. However, this task soon proved to take up too much time and to adversely affect the ability of the sheriff to perform other important tasks.

In this way, a new job was created. People were appointed to focus on one task and one task only. They had to deliver legal documents. These functionaries serve documents on defendants, complainants, courts and even on the government. Not only are they required to serve the documents but they must also provide evidence that this has indeed been done.

It may sound as if this type of job is easy and straight forward. This is not always the case. Functionaries often have to spend time and effort in locating the person to whom legal documents must be delivered. In many such cases the intended recipient lives outside the jurisdiction of the court issuing the documents and in such cases special rules are applicable.

In many cases the person serving the documents encounter situations that can be dangerous. Some recipients are violent and it may even be necessary to ask help from the police before confronting them. The police, in turn, may be unable to help when it is know that the intended recipient will be at a specific location at a specific time. This can make the job very difficult.

Trespassing laws can also make things very difficult. No serving professional may trespass on a property in order to make a delivery. The advent of secure estates, high security apartment buildings and gated communities have compounded the problem. Successful serving then requires a great deal of patience and even surveillance. California is the only state that allows limited trespassing in order to hand over legal documents.

The rules governing the appointment of licensed serving functionaries differ from one state to the next. In some states some formal training is required. Many states also require applicants to show that they have no criminal record and that they have a clear credit record. It is interesting to note that many private investigators serve legal documents as part of their services.

The successful serving of legal documents can play a significant role in the direction a court case takes. It can also play a very important role in the speed with which a case can be heard by a court. If the papers cannot be served, the case is delayed. Those serving these documents therefore play a vital role in the bigger justice system.




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