Process service is an essential part of the American and Floridian legal system. Process servers ensure that documents, especially legal documents, are served to the intended recipient in a timely manner in compliance with applicable laws. At Accurate Serve® of Charlotte, we know how complex the laws surrounding process service can be, especially for anyone unfamiliar with the system. In this post, we’ll review some of the most common questions we get about process serving, with a specific focus on North and South Carolina laws.
What is Process Serving?
Process service is the act of delivering legal documents, known as process, to the intended recipient. Process can include summonses, complaints, subpoenas, writs, and more. Process servers ensure that all parties in a legal case are aware of upcoming court dates and hearings.
Who Can Serve Legal Documents?
In both North Carolina and South Carolina, process servers are typically either from the local Sheriff’s office or private professionals. According to Rule 4 of the North Carolina Rules of Civil Procedure, sheriffs are the primary servers. However, the court may allow a professional process server to serve documents if the sheriff is unable to do so. In South Carolina, Rule 4 allows for service by either a sheriff or a person specially appointed by the court.
How Is Process Serving Done?
The process server delivers the documents directly to the person named on the document. This is known as personal service and is the most reliable and preferred form of service. Other methods, such as substitute service or service by publication, may be used in situations where personal service is not possible.
What Is Skip Tracing?
Skip tracing is a method used to locate a person who is difficult to find. This process involves researching and analyzing various records and databases. It’s often used in process serving when the individual to be served is not at their last known address or is intentionally avoiding service.
How Long Does it Take for Process to be Served?
The time frame for process serving can vary. It typically depends on the location of the individual, the difficulty in locating them, and the method of service used. We strive to serve documents as promptly as possible while complying with all legal standards.
What Happens If Someone Refuses to Accept the Documents?
If a person refuses to accept the documents, the process server can leave the documents near them, ensuring they are aware of their presence. The law considers this as a valid service, as outlined in both North Carolina and South Carolina legal procedures. It’s important for process servers to document each step they took in locating and identifying the individual. In cases like this, body cameras and other technology are great assets.
Get All the Answers About Process Serving at Accurate Serve of Charlotte
Accurate Serve® of Charlotte is dedicated to providing professional and efficient process serving services in North Carolina and South Carolina. Our experienced team is knowledgeable in federal and state laws, ensuring that your documents are served legally and effectively.
If you require process serving, document retrieval, skip tracing, or diligent searches in NC or SC, please contact us at 704-858-2952 or send us a work request online. Our commitment to excellence ensures your legal needs are met with precision and professionalism every time.
