The Best Civil Lawsuit Can Fall Apart By Just One Thing
Don’t make your pain and suffering fall by the wayside. The proper service may cost more than U.S mail but will spare you headaches and save you much, much more money, in the long run. Breaking news in-process server, process service, Service of Process, process server Maryland, summons, process server Washington dc, paralegal services, lawsuit, Other.
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Bethesda, Maryland, United States of America June 9, 2012 -- The best civil lawsuit can fall apart by being penny wise and pound foolish by not getting a process server to serve Service of Process. You know you have an undisputed claim against your defendant, and so you file a civil lawsuit in court. The court issues a summons to you to serve on the defendant so that the court can have personal jurisdiction over your defendant. However, the Civil Rule of Procedures provides some options, as means, that can be used to effect service of process on your defendant.
The Best Civil Lawsuit Can Fall Apart By Just One Thing
First, the Rule of Civil Procedure states in some jurisdictions that you can mail the summons with the civil lawsuit complaint to your defendant by the means of the United States Post Office but must get a registered return receipt signed by the defendant. Thus, you may think that this is a cost-effective way to serve your plaintiff because it can be accomplished with a few dollars. The problem is that it may be the most cost-effective, but it is not the most effective way to serve your defendant with service of process. The first thing a competent defense lawyer does when defending his client who was served with a summons and complaint to appear in court is considered the means by which his client was served with Service of Process. If someone other than the defendant signs receiving it at the address of the defendant, a defense lawyer can give you a headache. The defendant’s lawyer may state, that the person who signed for a package that contains the summons and complaint, that there is no proof that the person who signed for the service of process was 18 years old or older, and that the person resides at the defendant’s address.
There was a case in which a lawyer was sued for malpractice. The plaintiff used the U.S. mail with a registered returned receipt requested to serve the lawyer with the service of process. The lawyer signed the returned receipt, but when the lawyer realized what he had done, he made the argument that he was not served properly. The lawyer in defending himself filed a motion to quash service. The lawyer’s argument was that the signature on the return receipt may not be his and that there was no summons sent with the complaint.
The fact is a defendant will grab onto anything to try and get rid of a civil lawsuit, when they do not have any real defense against a complaint, beyond lack of personal jurisdiction. Personal jurisdiction is an affirmative defense, and it is useful if the defendants can stretch out a debate in court arguing whether they were served properly with Service of Process, or not. In the meantime, it costs you money to keep up with the fight, and it may run you into a statute of limitations problem. The court holds the plaintiff responsible to make the proper service of the process within the time limitation. Therefore, if you are not up on your legal game the defendant may get the case thrown out, and escape liability based on lack of personal jurisdiction. When you use a CLR process server it is next to difficult for a defendant to get out of a lawsuit by the reason of lack of personal jurisdiction.
A CLR process server knows all the tricks of what a defendant may use to avoid personal jurisdiction. Thus, the CLR process server submits an affidavit to the court with the particulars that the court needs to affirm personal jurisdiction over the defendant. Furthermore, when you use a CLR process server it demonstrates to the court that you have exercised due diligence in trying to locate and serve the defendant. If you did not serve the defendant in the required time, the court may grant you a continuance if you can prove that you have aggressively and continually made every effort to serve the defendant within the limited amount of time, but for the defendant’s evasion, you were unable to do so. The court does not like to take just your word that you have exercise due diligence, because the court of law is based on proof. When you get an affidavit of a CLR process server it will contain the pertinent details that the court needs to decide whether or not to grant an extension of time to serve the defendant, or that the court can grant other means by which defendant may be served.
Second, the Rule of Civil Procedure allows anyone 18 years or older may serve the defendant. However, when an inexperienced person or non-caring person is used to serving the Service of Process many things can go haywire. The inexperienced person or non-caring person may serve Service of Process improperly by serving it to someone at the defendant’s residence, who is under the required age to receive process or the person who signs for it does not reside at the defendant’s residence. The inexperience server or non-caring person may serve it to the wrong person, by assuming it was the right person. The inexperienced or non-caring person may fall for tricks or the intimidation of a defendant. A defendant may be in their house but does not answer the door because they are expecting to be served some time. The inexperience server or non-caring person may just give up without knowing that the court requires a certain amount of attempts, and the different times when attempts must be made and documented. The inexperience server or non-caring person may not know how to lay-wait the defendant or want to lay wait for the defendant for hours in order to serve the defendant with service of process. There are too many tricks to mention that the defendant may use behind personal jurisdiction to avoid a lawsuit that they really cannot defend beyond personal jurisdiction. However, CLR process servers will overcome them.
Confidential Legal Research is a paralegal service that provides process service that trades as CLR Top Priority Process Service. CLR Top Priority Process Service checks every service of process order to see if anything is missing before the Service of Process is served. For instance, a lawyer had submitted a subpoena to CLR Top Priority Process Service by email to be served on an entity. However, that particular subpoena stated that the subpoena was not good without the raised seal. The CLR Process Server caught the oversight on the subpoena before the service was made, and the lawyer was alerted. The CLR Process Server went by the lawyer, pick up the original subpoena and served Service of Process properly. CLR Process Server could have done like some of the other process server company, and serve the subpoena without alerting the attorney of the defect, but the CLR server operate with the integrity that this profession demands. Yes, CLR Process Server did not have any obligation to alert the attorney of the oversight, and it would be in the interest of a process server to serve it as-is, because of the possibility of getting paid to serve it again. However, CLR Top Priority Process Service is distinguished from other process server companies, because CLR Top Priority Process Service wants the Service of Process to be served right the first time. Thus, CLR Top Priority Process Service believes their clients will be appreciative of their service in the long run.
CLR Top Priority Process Service has mainly served within Alexandria, Aspen Hill, Beltsville, Bethesda, Bowie, Burtonsville, Camp Springs, Chevy Chase, College Park, Columbia, Derwood, Forestville, Fort Meade, Fort Washington, Gaithersburg, Germantown, Greenbelt, Hyattsville, Jessup, Kensington, Kettering, La Plata, Lake Arbor, Lanham, Largo, Laurel, Mclean, Mitchellville, Olney, Rockville, Riverdale, Seabrook, Silver Spring, Suitland, Takoma Park, Tyson Corner, Upper Marlboro, Elliott City, Baltimore, and Washington, DC. However, CLR Process Server can go beyond the limits of the metropolitan area of Washington DC, Maryland, and Virginia.
CLR Top Priority Process Service is located at 3 Bethesda Metro Center, Suite 700-75. Bethesda, MD. 20814. CLR Top Priority can be contacted at (301) 769-6395. All requests for service must be made through CLR Top Priority website at http://www.confidentiallegalresearch.com then click on ‘Process Server Order,’ and fill the order form.
Call CLR Top Priority Process Service, and get your Service of Process served right the first time. Your legal task is Top Priority to them. Don’t make your pain and suffering fall by the wayside by being penny wise pound foolish. The proper service may cost more, but will spare you headaches and save you much, much more money, in the long run.