Process Service
Process service is a legal procedure that involves serving legal documents to individuals or entities, such as businesses. It encompasses a wide range of legal documents, including criminal subpoenas, civil subpoenas, summonses, divorce and child custody documents, and subpoenas requesting documents from companies.
Legal requirements govern the proper manner of serving and filing legal documents through the court system. Adhering to these requirements is crucial to avoid delays during the court proceedings and potential additional fees.
In Idaho, the process of serving legal documents is governed by the Idaho Code of Civil Procedure. The procedures outlined include:
- – No license is required for Process Servers.
- – Process Servers must be at least 18 years of age and not parties to the action.
- – Summonses or Complaints must be served within six months of filing.
- – The person executing the process does not need to have the original document when serving.
- – Service may be accomplished by direct service to the individual or a person over the age of 18 residing with the individual.
- – Serving process to a corporation may be accomplished by delivering a copy to the authorized agent of the corporation.
- – Proof of service must be filed with the court of jurisdiction and must include the name of the Process Server, manner of service, and the date and place of service.
For a comprehensive description of the Process Server procedures in Idaho, please refer to the Idaho Code of Civil Procedure: https://www.serve-now.com/resources/process-serving-laws/idaho.
Should I Hire a Process Server to Serve My Legal Documents?
The decision to hire a Process Server to serve your legal documents depends on various factors. If the individual you are serving is cooperative, easily located, and not evading service, you may consider having a willing friend assist you. In such cases, you will need to follow the proper court procedures to file the proof of service, which can save you time and money if all goes smoothly.
Regrettably, the majority of Process Service cases involve individuals who may not be receptive to being served or located, or whose character raises concerns about their willingness to cooperate with a known or untrained individual. In such situations, it is advisable to engage the services of a professional Process Server.
Typically, Process Servers charge between $75 and $100 for serving documents, and they usually include multiple attempts to locate and serve the individual. Some companies may also charge additional fees based on time and mileage. If the service requires a Process Server to locate and attempt service to an uncooperative, difficult-to-locate, or potentially confrontational individual, additional fees may apply.
My most recommended course of action for a client is to hire a professional Process Server, particularly if there is any uncertainty regarding the individual’s cooperation, location, or potential for confrontation.