NORTH CAROLINA RULES
The North Carolina Rules of Civil Procedure sets the requirements for proper service of documents in legal proceedings. If a document is not served properly in accordance with the rules, improper service can lead to delays and possible dismissal of your lawsuit.You can read about the rules for serving most legal documents below:
SOUTH CAROLINA RULES
The South Carolina Rules of Civil Procedure sets the requirements for proper service of documents in legal proceedings. If a document is not served properly in accordance with the rules, improper service can lead to delays and possible dismissal of your lawsuit.You can read about the rules for serving most legal documents below:
What is service of process?
Service of process is the procedure used to give notice to a person that a lawsuit has been filed against them in Court. The Summons and Complaint requires a written response from the person being served within a certain time frame. Each jurisdiction has rules regarding the means of service of process. Typically, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant petitioner or plaintiff.
What is service of subsequent documents?
Service of process is distinguished from service of subsequent documents between the parties to litigation. Service of subsequent documents are documents served after the Summons and Complaint has been served. Show cause orders (contempt), motions, notices of hearings, subpoenas and other legal documents are common "subsequent documents" which require service of process.
What do process servers do?
Our process servers are used in numerous ways such as serving legal documents (subpoenas, show cause orders, etc.), filing court papers, and retrieving documents from the courthouse. We "serve" or deliver legal documents to a defendant/respondent or person involved in a court case. After we serve the legal documents, we complete an "affidavit of service" or "proof of service." This affidavit of service is a document we draft (or you can draft) which proves to the Court that the legal documents were received by the person we served. The affidavit of service is notarized and given to the individual or company who requested that the papers be served. Process servers are required by law to serve papers according to the rules set forth by their state (rules differ from state to state).
Why use a process server?
Courts require that documents be served in accordance with their state's laws or rules which are set forth in the state "rules of civil procedure". If you would like to learn more about the process serving laws or rules in North Carolina or South Carolina, please visit our "helpful links" to the right. In addition to the fact that the law requires proper service, it can be beneficial to serve notices of hearings, motion, discovery requests, etc. by process server so that you have proof that the other party received them. Sometimes when people are expecting a lawsuit, they will avoid service by not signing for mailed documents or perhaps hiding from a Sheriff's deputy. Additionally, you can work with process servers to determine the best time and place to serve the opposing party. Morning, noon, or night, our process servers are available and can serve documents at work, at home, or at the grocery store if necessary. Our process servers are also available to testify in court as to the documents and person served, if necessary (for an additional fee).
Tracker Legal Services | PO Box 38541, Charlotte, NC 28278 | (980) 335-9594