What is Process Service?
The serving of documents upon a party to a litigation is called process service. If you file a suit against an individual or a business enterprise, the law requires you to ensure that the copy of relevant documents are served upon the opposite party, whether the party lives in the same country or any other country.
The service of documents within the country is done in accordance with local laws. In case the opposite party lives or is based in some other country, the international rules come into force. Further, the rules vary from country to country as there are some optional provisions and the countries are free to choose the option which suits them.
Who can do Process Service?
The rules regarding serving of legal documents vary in different jurisdictions. In most of the jurisdictions, a person who is of age 18 years or more and is not a party to the case can serve the papers. He can be your friend, relative, colleague etc. However, it is wise to hire a professional process server to serve the documents. You should not try to serve the documents yourself .
What if respondent refuses to accept the papers?
It is quite common that the respondent refuses to accept the documents, especially in personal matters. This is one of the reasons why we recommend the services of a professional process server. An experienced process server can convince the party to accept the documents. Further, since the process server would not have any personal relation with you, the chances of respondent becoming aggressive are low.
There may be cases where the party is stubborn and does not accept the documents despite best efforts. In such cases, the paper will be left on the ground in the presence of respondent stating what they are. This will constitute a valid service of documents.