Accurate Serve Charlotte
Serving process from other states can be difficult, particularly when dealing with different laws and regulations in different jurisdictions. In this blog post, we’ll guide you through the process of serving summonses, complaints, and subpoenas from other states in North Carolina and South Carolina, highlighting the specific laws and regulations that govern these procedures and discussing the role of the Uniform Interstate Depositions and Discovery Act (UIDDA) in making it easier to serve subpoenas and engage in discovery.
Understanding State Laws
When serving process from other states in North Carolina and South Carolina, it’s crucial to understand the specific laws that govern these procedures: Continue reading
Accurate Serve, a trusted process service agency in Charlotte, North Carolina, understands the importance of hiring a reliable and efficient process server. Serving all of Mecklenburg County and surrounding areas, we are dedicated to providing our clients with the best service of process possible. In this blog post, we’ll share some crucial questions you should ask before hiring a process server to ensure a successful and legal service of process.
How Much Experience Do You Have?
Experience is essential when it comes to process serving. An experienced process server will have a better understanding of the legal requirements in NC and how to efficiently serve documents. Ask about the number of years they have been in the industry and the types of cases they have handled. Request a list of references, prioritizing past clients, and be sure to contact each reference to verify its legitimacy. Continue reading
When it comes to serving legal documents, individuals and businesses have the option of using either a private process server or a sheriff. While both have the ability to serve legal documents, there are several reasons why using a private process server may be a better option for some individuals and businesses in North Carolina.
Speed and Efficiency
Private process servers are often able to serve legal documents faster than sheriffs. This is because private process servers are able to dedicate their time solely to serving legal documents, while sheriffs may have other responsibilities and duties to attend to. Additionally, private process servers often have a larger network of resources and can locate individuals who are difficult to find more quickly than sheriffs. Continue reading
A process server is a person who is responsible for delivering legal documents to individuals involved in a court case. This is an important role, as the delivery of legal documents can greatly impact the outcome of a case. It is therefore important to make sure that the process server you use is legitimate and trustworthy.
There are several ways to tell if a process server is legitimate:
Ask for References
Legitimate process servers should have no problem providing references from satisfied clients. Contact these references and ask about their experience with the process server and whether they would hire them again. Continue reading
North Carolina is one of many states that doesn’t have a certification or licensing program requirement for private process servers. Instead, anyone 21 or older who is competent, is not a party of the court case, and is not related by blood or marriage to any part of the court case may serve process in North Carolina when authorized to do so. However, just because the rules about who can be a process server aren’t very strict doesn’t mean that process servers here can just do whatever they want. There are still rules that private process servers in North Carolina must follow.
In North Carolina, private process servers may NOT: Continue reading
Legal issues are rarely pleasant, and evictions are some of the most unpleasant legal interactions a person can have. Forcing someone out of their residence is never fun, but sometimes necessary. Failure to pay rent is the most common reason for eviction, but criminal activity, unauthorized tenants, or unauthorized pets also cause evictions.
Eviction procedures are complex and strict. Not following the process with meticulous detail can derail the entire eviction case. In some cases, not following the state’s eviction laws can lead to devastating financial consequences for the landlord. One part of the eviction process that is often botched is the delivery of notices to the tenant(s).
The best way to avoid issues due to improper delivery of eviction notices is to hire a professional, private process server to do the job. A private process server will: Continue reading
While it is entertaining to think about process servers running around in disguises, delivering a pizza box full of court paperwork to unsuspecting defendants who then explode in rage, this is just not reality. In the real world, private process servers are professionals in the legal industry who must adhere to laws, regulations, and ethical principles. In this post, we’ll go over 3 rules that process servers must follow that might surprise you:
Using a private process server for in-person service must be approved by a judge before said service is attempted
There’s some controversy about this one, but if you read Rule 4 of North Carolina’s Rules of Civil Procedure, it states that civil process should be served by the sheriff of the county where the service is to be made, or some other person duly authorized by NC law. Now, you may be thinking that a private process server would be someone duly authorized by law to serve process in NC, but that’s not the case, as evidenced by the rulings in Locklear, 822 S.E.2d at 593 in the NC Court of Appeals. This is because there is no approval, certification, or registration process for private process servers in North Carolina, so they are not authorized by law to do anything, technically. The only time a private process server may be used to serve process in a civil case is if the local sheriff is unavailable, unwilling, or neglects to effect service. This doesn’t mean that if the sheriff misses a deadline that a process server can just step in and take over. An affidavit explaining the need for a private process server must be filed and reviewed by a judge, who will then decide if the requirements to use a private process server have been met. If approved, the plaintiff may use anyone who meets NC’s minimum standards for a process server to serve the process in their case. Continue reading
Going to court is no fun, even if you’re the one that filed the lawsuit. We can definitely understand why people would want to avoid having to appear in court if at all possible, however, sometimes it is unavoidable. When a lawsuit is filed against you or your business, you will have to make an appearance in court after being properly served with a Summons and Complaint.
Some people go to great lengths to never receive these documents, also known as the court process. They usually do this because they believe if they are never served the process, then they don’t have to show up to court.
No, if you have never been properly served with the process for a court case in which you are named as a defendant or witness, then you DO NOT have to go to court.
The catch is the properly served part. The chances of you going unserved in a court case filed against you are slim (unless the plaintiff just doesn’t serve you before the deadline). That’s because there are several different methods in which you may be served in North Carolina, not just face-to-face. Let’s talk about the 4 main ways people are served court process here in NC: Continue reading
Process servers usually work behind the scenes, getting important paperwork where it needs to go without making a big fuss. You probably don’t even realize how essential process servers are to the entire flow of the legal system in our local, state, federal, and even international courts. But how? In this post, we’ll talk about exactly why professional process servers are so vital.
Process Servers Uphold Constitutional Rights
Many people do not realize that being served with a process is their constitutional right. It’s all about due process, which is guaranteed to U.S. citizens and some others in the 5th and 14th amendments of the U.S. Constitution. Due process means that defendants and witnesses are given adequate notice of any court proceedings against them, allowing them enough time to prepare their defense or testimony. Continue reading
If you know that a process server is searching for you because someone has filed a lawsuit against you, you may be tempted to try to avoid the process server to delay the case. Hollywood does a good job of making this seem like a feasible tactic. However, this never works out in real life. No matter how much effort you put into avoiding the process server, they will eventually serve you with those court documents, even if you never see them in person. Once you’re considered “served” in the eyes of the law, even if by alternative service, the case against you can legally proceed.
Just a few of the possible consequences of avoiding a process server include: Continue reading