Serving Documents in Small Claims Court

Small claims court cases are different from other cases because they are limited amount to certain amounts in the claim, usually $5,000. Also, certain kinds of cases like medical malpractice suits are not allowed there. Small claims cases are handled by special courts which often have a high volume of cases, and often deal with landlord-tenant issues or other kinds of personal claims. 

Many people who file a claim in small claims court handle the case themselves, and if they do so, they are required to follow the rules as though they were lawyers themselves. They need to know that when they file paperwork to start the case, they also need to make sure the person they are suing knows about the lawsuit. By law, all defendants must have legal notice of any claims against them in order to have a chance to defend themselves. Not only that, every individual must be served, even if they live together.

There are several ways a person can be served, including certified mail. However, that doesn't guarantee the right person will actually get the paperwork. Person service is the best kind of service, because it means that the person named in the lawsuit actually receives notice in person.

 There are usually limitations as to who is allowed to serve documents, and individuals may have difficulty finding the person who needs to be served. Process servers can solve all those problems, as they have the ability to find people and they can deal with dangerous or complicated situations. The defendant can even run away or refuse to accept the paperwork, but service is still good as long as notice is given.

After the defendant has been served, an affidavit will need to be filed with the court. It is important to follow all rules and guidelines, as the case could be compromised or even dismissed if procedures are not followed properly. 

If you or someone you know needs more information on a process server, contact the team at Same Day Process Service today.

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