Process serving is a little-known service that we offer from Agency World, used mainly by people or companies located abroad who need to have a certificate that ensures the delivery of a legal document in Spain.
Process Server History
To explain what the process server is currently for, it is necessary to know how and why the need for this personal service arose.
The process server is a privilege that is usually established in the legal legislation of each country, and it may be the case of countries that nowadays do not include this right, such as Spain.
Initially the process service was a messaging system to inform people who were involved in a legal process by delivering a notification informing of such effects.
Originally, the notifications were delivered by the local sheriffs, but due to the growth of the cities the delivery of these notices was increasingly complicated.
Thus, the need arose to be able to have a person who could deliver the documents in a legal and timely manner, appearing the process servers.
What is a process server
The process server is a personal service for filing, delivering, or retrieving court documents, such as claim forms, witness subpoenas, divorce petitions, bankruptcy petitions, injunctions, and squatter proceedings.
The main task is to deliver or "serve" legal documents to a person involved in a court case, such as a defendant.
After the delivery the task has not finished, the process servers must provide real evidence that the legal documents were delivered.
To do this, the process servers deebn go to a notary where they will make a sworn declaration of delivery or proof of delivery, which will later be delivered to the person or company that hired them to deliver the legal documents.
As process server laws may vary from country to country or state, each individual process server may have a distinctive way of performing the service in order to adapt and strictly comply with regulations.
Why process servers are so significant?
Process servers are necessary for multiple reasons.
In the first place, to guarantee that the legal process that requires being able to inform those involved of their participation in the process is respected.
In this sense, a court will not be able to rule on a case related to a person if there is no clear evidence that it was legally informed.
An additional reason that process servers are essential is the consequences of improperly delivering legal documents. In this sense, legal documents must be delivered in a highly effective and appropriate way if we want a court to rule on a case related to a person.
If a court determines that the service is inadequate, the entire case can be dismissed. Therefore, it is essential to know the laws of each country or state regarding the correct way to legally notify a person.
The Agency World team of private investigators has extensive experience in process servers, contact us and we will help you.