What is Process Serving?

by | Mar 22, 2018 | Legal Services


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An integral part of the legal process is making sure that papers are served efficiently and effectively. In order for the court system to work properly, and for everyone’s rights to be upheld, all parties involve need to be properly notified of their part in the issue at hand. That is the fundamental reason that process servers are necessary.

What is Process Serving?
An important element of due process is that any entity who is directly involved with a legal matter is notified of their involvement. Because such notification is too important to be left up to chance, it needs to be 100% verifiable that the party in question did, in fact, have their papers served to them. For a while, it was the responsibility of law enforcement to take care of serving these papers, but as the population ballooned, it became less and less viable for sheriffs to be dealing with each individual case. Process servers became a position to make sure that the papers were served timely and verifiably.

So What Does a Process Server Do?
Primarily, process servers are involved with the management of all sorts of court documents. Obviously, the principle element of this is the physical serving of the papers to any involved parties. After they do this, a process server must provide affirmative proof that the papers were served. This proof of service can also be known as an affidavit of service, and it needs to be notarized before being given to the party that required the papers be served. Regional laws vary, so process serving in Toronto, ON would be very different in other locations.

Why is this so Important?
While the actual action being taken can seem relatively simple, the significance of process serving is anything but. In order for our rights to be protected, it is vitally important that due process is followed in every possible respect. Imagine if someone brought a lawsuit against you, and you never heard about it. Years go by, missed court dates, opportunities to appeal, all of it taken because the notification to appear in court got lost in the mail, and you don’t find out until your house has already been foreclosed on for failure to pay. If you’re ever involved in a lawsuit, on either side, competent process serving is a necessity if justice is to be served.

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