Sheriff or Licensed Process Server to Serve Documents?
SHERIFF OR PROCESS SERVER?
When the landlord files a lawsuit in the courts, the clerk will issue documents to be served to the defendant.
The
courts will require the documents to be served by the sheriff or licensed
process server. The server will have a certain amount of time to serve the
defendant and the deadline is usually 72 hours before the hearing. There are
also time restrictions which vary from state to state such as 9:00 a.m. to 9:00
p.m. when the defendant can be served. This prevents the server coming up to
the residence at 3:00 a.m.
After serving the needed documents, the server
will attach an abode form. This abode will state the time, date,
location of service and person accepting service. This document is filled out
by the server and attached to the copy of the documents
Eviction Process: Complaint and Summons must be served to the defendant.
Small Claims: Complaint
and Summons must be served. Failure to serve can result in an “Alias Summons”
which delays the procedure.
Wage Garnishment: Documents
will be served to the employer and a Wage
Garnishment Notice will be sent to the defendant
Bank Levy: Documents will be served to the financial institution
and a Bank Levy Notice will be sent to the defendant.
Levy on
Personal Property: Documents
will be served to the defendant.
Debtors
Examination: Documents
must be personally served to the defendant. Failure to serve the Debtors
Examination will result in “Alias Debtors” and delays the procedure.
Rule to Show
Cause: Documents must
be personally served to the defendant. Failure to serve will result in “Alias
Rule” and results in more court appearances.
SHERIFF
One of the benefits of choosing the sheriff is it is close to the courthouse which makes it convenient
Posting: When the landlord fails to serve the tenant in the
Eviction, he/she can motion for a Posting which gives up the money judgment for
possession (only). The landlord will take the Posting Order to the sheriff to
post on the tenant’s door.
Evicting
tenant from the rental: When the
judge awards possession and the tenant fails to move, the landlord must
schedule a removal date. This procedure must be executed by the sheriff.
Levy on
Personal Property: When filing
the Levy on Personal Property, the sheriff will serve the documents. This
procedure must be executed by the sheriff.
Wage
Garnishment: After filing
the Wage Garnishment, the landlord will take the Complaint, Summons and
Interrogatories to the sheriff to serve the employer.
Bank Levy: As with the Wage Garnishment, the sheriff will serve the
banking institution. They will serve the Complaint, Summons and
Interrogatories.
The other option when serving documents is the licensed process server. They are authorized by the state to serve certain documents. The landlord may have to drive to their office or pay a little more than the sheriff but well worth it!
When a defendant has to be served
there is no doubt that I would choose the process server. They pull up to the
residence in an unmarked car and not in uniform like the sheriff.
Eviction: Serving the Eviction Complaint and Summons is crucial
to the landlord to regain possession. These documents have got to be served and
the licensed process server will get the job done.
Small Claims: The licensed process server must serve the Complaint and Summons personally to the defendant. Getting the defendant served is crucial to advancing the court procedures
Debtors Examination: This is the key to debt
collection and getting these documents served is very important.
Rule to Show Cause: When the judge issues a Rule to
Show Cause court hearing, the process server will serve the documents.
TAKE ADVANTAGE OF THIS OFFER
EVICTIONS AND SMALL CLAIMS
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