Why Can’t the Person Who Filed the Lawsuit Serve the Papers?

Understanding the Impartiality Requirement in Service of Process

When involved in a legal dispute, it might seem straightforward to simply hand over the court documents yourself. However, the legal system has specific
rules for serving legal documents, and these rules generally prohibit the person who filed the lawsuit from personally delivering the papers. This article will
explain the reasons behind this requirement and why using a professional
process server is essential.

The Need for an Unbiased Third Party

The cornerstone of the service of process rules is the need for impartiality. The legal system aims to ensure fairness and prevent any perception of bias or coercion. If the plaintiff or
their representative were allowed to serve the papers, it could create opportunities for abuse, such as:

• Intimidation: The person serving the papers might act in a threatening manner.
• Misrepresentation: They could provide false information about the contents of the documents.
• Disputes over Delivery: The recipient might claim they were never served or that the documents were altered.

To avoid these issues, the law mandates that an impartial third party, typically a
process server, handle the
service of process.

What is “Service of Process?”

Service of process is the formal delivery of legal documents to a defendant or respondent to notify them of legal action. It is a critical step in any legal
proceeding, as it ensures that all parties are aware of the case and have an opportunity to respond. Without
proper service of process, a court may not have jurisdiction to hear the case.

Process Server Mike and Michelle were fabulous. I had an urgent request, which they leapt on. They communicated with me during the process, and promptly served a person trying to avoid being served. I highly recommend them. 5 star rating!

Lawrence Cock

Partner, CFL Law

6/17/2022

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The Risks of Improper Service

Failure to comply with the
rules for serving legal documents can have severe consequences.
Improper service of process can lead to:

• Dismissal of the case
• Delays in legal proceedings
• Additional legal fees
• The need to re-serve the documents, wasting time and resources

Engaging a professional process server helps to mitigate these risks by ensuring that the service is executed correctly and in accordance with the law.

360 Legal: Your Trusted Partner for Service of Process

360 Legal understands the importance of
proper service of process. We adhere to all legal requirements and provide reliable, efficient service to ensure your legal documents are delivered accurately and
on time. Our team of experienced
process servers is trained to handle even the most challenging situations with professionalism and discretion.

What’s in it for you:

• Legal Compliance: We ensure that all services are performed in accordance with the service of process rules, protecting the integrity of your case.
• Reliability: You can depend on us to deliver your documents promptly and accurately.
• Professionalism: Our process servers conduct themselves with the utmost professionalism, maintaining a positive image for your firm.
• Peace of Mind: By entrusting your service of process to us, you can focus on other aspects of your legal strategy.

Illustrative Scenario:

Here’s a scenario that drives this home. For confidentiality reasons, this is obviously not an actual case study, but purely demonstrative of the principles discussed.

Attorney John attempted to save costs by having his office assistant serve court papers in a critical case. However, the defendant later challenged the
service of process, claiming the assistant was not authorized to serve and had been intimidating. The judge ruled the service invalid, causing significant delays and requiring the papers to be re-served. John realized that the initial cost savings were far outweighed by the subsequent complications and stress. He then turned to 360 Legal, who handled the re-service efficiently and professionally, ensuring all service of process rules were followed. John learned the hard way: using a professional
process server is not just about compliance; it’s about protecting the entire legal process.

Ensure Proper Service of Process with 360 Legal

Don’t risk the integrity of your case with improper service of process. Contact 360 Legal today to ensure your legal documents are served correctly and efficiently.

Frequently Asked Questions

Q1: Who is qualified to serve court papers?

The rules for serving legal documents typically specify that papers must be served by an impartial person over 18 years of age who is not a party to the case.
Professional process servers meet these requirements and are trained to handle the process correctly.

Q2: What are the consequences of improper service?

Improper service of process can result in the dismissal of your case, delays, additional legal fees, and the need to re-serve the documents.

Q3: How does 360 Legal ensure proper service?

360 Legal adheres to all service of process rules and employs trained professionals who understand the legal requirements. We prioritize accuracy, timeliness, and professionalism in every service.

Q4: What areas does 360 Legal serve?

360 Legal provides service of process and other legal support services across multiple states. Contact us to find out if we operate in your area.