Friday, October 12, 2018

By Betty Meyer


The modern legal system is complex almost beyond belief. The courts and law enforcement officials are governed by numerous rules, regulations and laws, all aiming to make sure that the system is fair to all. One such rule is that all parties involved in any legal matter have to be served all the documents pertaining to the case. This has to be done in person and specifically to the individual concerned. Without process servers Vancouver BC courts will be even more jam logged.

The legal system generate mountains of paper work. Lawyers, courts, law enforcement agencies and government departments all produce lengthy and complicated documents and many of them must be served on very specific recipients. This must be done as swiftly as possible. This mammoth task was once the responsibility of the local sheriff but the burden quickly became too big, making it difficult for the sheriff to perform his other functions.

Serving used to be the duty of the sheriff but the volume alone quickly made this impossible. Now, serving professionals dedicated to this single task are responsible for serving legal papers. Most of them are independent, working for several clients and getting paid for each delivery that they make. A server can be employed by a legal firm, by the court, the government, a business or even an individual.

In order to practice as a serving professional it is necessary to obtain a license. The criteria for licensing differ from state to state. In some places applicants need to successfully complete formal training, while in other states they simply need a clear criminal history and a good credit record. Many professionals, which often come from law enforcement backgrounds, hold licences to operate in several states.

Serving legal documents is not as simple as looking up the intended recipient, hand over the documents and ask for a signature. Locating the recipient is often a challenge. They may have relocated or they may even hide from the server, knowing that the case cannot proceed unless they have been served. Finding the recipient can therefore be a protracted affair that requires a lot of patience and some detective work.

Once the recipient has been located, he has to be confronted and the server has to obtain proof that the delivery has been made. This can also be difficult because there have been numerous cases where recipients try to flee or they become abusive and even violent. It is for this reason that many professionals are licensed to carry side arms. The police will not intervene until a crime has been committed.

Then there is the many laws related to trespassing. Serving professionals may not trespass in order to serve their documents. If they do, they can be prosecuted. This makes it very difficult to confront the recipient even when his address is known. Things are complicated even more by walled estates, highly sophisticate security systems and guarded entrances to apartment buildings. This obstacle can delay delivery for a long time.

Serving professionals have demanding, and often dangerous jobs. It is certainly not a job suitable for just anyone. Yet they perform a vital function and without them the legal system cannot operate.




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