The Essential Role Process Servers Play in the System
You probably know why judges or lawyers or even paralegals are essential for the optimal functioning of the legal system here in Georgia, but what about process servers? Why are they important? What would happen if they didn’t exist?
You’ll likely be surprised to find out that process servers support one of our nation’s most fundamental civil rights, keep the court system flowing smoothly, and help make sure unfair judgments are not issued. In this post, we’ll discuss why process servers are so important to our country’s and state’s legal system.
Process Servers Uphold the Right of Due Process
You may vaguely remember hearing about due process in your U.S. History class, but unless you work in the legal system, it’s probably not a frequent topic of discussion. However, due process is one of your basic civil rights as a citizen and/or resident of the United States. Due process means that the government, whether it be federal, state, or local government, cannot act against a citizen without affording them the due process of law. This prevents governments from taking unfair actions against citizens and ensures that anyone who stands accused of something in court has adequate time to prepare. Without the guarantee of due process, governments could take you to court without any notice, imprison you indefinitely, and take away your assets and possessions without cause.
Process Servers Give Everyone Timely Notices
As we mentioned above, the due process ensures that anyone who is requested to appear in court has adequate notice of that request so that they have plenty of time to prepare their defense (or testimony). Process servers make sure this happens by delivering court paperwork to named defendants and witnesses within a specific timeline. Without this notification system in place, defendants could be expected to defend themselves in court with little to no notice of the case, which would obviously leave them grossly unprepared.
Process Servers Prevent Court Schedule Backups
Court schedules here in Atlanta are always jam-packed, so it’s very important for cases to be heard as they are listed on the schedules. Rescheduling cases cause logjams in the court system and can lead to unnecessary delays. Without the formal notifications that process servers provide to case litigants, there would be countless claims by defendants and witnesses that they were not aware of their scheduled court appearances. This would cause major issues in court scheduling and could even lead to some cases never being heard at all. Process servers prevent this issue by serving defendants and witnesses in a timely fashion (and within 60 days of issuance of the case summons) and documenting that service per NC law. This documentation, known as proof of service, provides the court with evidence that all persons related to the case were properly served, so the case can proceed without delay. At Accurate Serve of Atlanta, we always file proof of service with both the court handling the case and provide a copy to our client (usually the plaintiff or their attorney(s)).
Process Servers Prevent Unfair Default Judgments
Let’s say someone has accused you of wrongdoing and has filed a civil case against you. If a process server never informed you that you had a case pending, and you didn’t show up on the scheduled date, then the judge could issue a default judgment against you. This would basically give the plaintiff what they had asked for, whether it be money, property, or something else. Sounds pretty unfair, huh? This is the exact situation that process servers prevent by providing verifiable proof that every defendant (or witness) in a case has been served. So while you may think that a process server is an enemy if you’re the named defendant in a case, you should actually thank them!
The Best Process Servers in Atlanta
If you need a reputable, reliable process server anywhere in Fulton County, look no further than the ace team of servers at Accurate Serve® of Atlanta. Trained to handle all cases with diplomacy, discretion, and a level of professionalism unmatched by other server agencies, we prove every day why process servers are an integral part of Georgia’s legal system. To find out more, call us at (404) 924-4838 or send us a work request online.