Service of Process or Process Service is to make sure that any person who is required to be given a copy of an application to the Court or any other legal document is given it in a manner and under the time prescribed by law. The court will start the proceeding when it is satisfied that the documents have duly been served on all the concerned parties. This is so because all the parties should be given a reasonable time and opportunity to appear before the court in person or through their representative and present their case. If the service of process is to be done within the same state or country, local laws are applicable but if the documents need to be served in other country, international rules of process service apply. We are based in India and deal in international process service of judicial and extrajudicial documents in India. Whether you want to serve summons to a party based in India or you are looking for a process server to serve divorce papers to your spouse living in India, we are there to assist you.
Personal service of process is effected by explaining the contents of the documents and leaving a copy with the respondent or defendant. If the party refuses to accept the documents and all the efforts to convince him fail, the server can put them down in his presence stating what they are. If the party is a business entity, service of document is effected by personally serving the document at the registered address of the entity. The document should be handed over to a principal officer of the corporation or to a person authorized to accept the documents on behalf of the entity. The name, designation and contact number of the person to whom the documents are delivered should be obtained. The documents can be served on the party at his or her residence, workplace or anywhere else but in a lawful manner.
We are professional process servers and can serve the legal papers anywhere in India. We have nationwide network of process servers who are well trained and experienced. Our process server will visit the given address of the respondent when he is likely to be present there. We try to our best to serve the documents upon the respondent at the time of first visit. If the respondent is not present there at the time of visit, the process server will make enquiries from the family members or neighbours to find out the time when respondent is usually present at home. A subsequent visit will then be made at appropriate time and documents will be served on the respondent.
The process server will meet the respondent and hand over the documents to him after explaining what they are. If the respondent does not accept the documents, the server will put the documents on the ground in his presence and inform him that those are legal papers. This constitutes a valid service of process. Even if the party destroys the documents or throws them away, the service will be deemed to be done. In some cases, it is not practically possible to serve the documents personally on the respondent and in such cases the same are handed over to a person of suitable age and discretion who lives with the respondent in the same house. This is called Substituted Service and is accepted as a proper means of process service in most of the jurisdictions.
The service of process in India can be done by your relative or friend who is of age 18 or more. Being a party to the case, you yourself should not approach the opposite party for serving the documents. However, it is always better to avail the services of a professional process server who are trained to deal with parties under different circumstances. After the documents are served, the process server will provide a proof of service in the form of affidavit stating the details of the person to whom the documents were served along with the time and place of service.
error: Content is protected !!