Process serving is an essential step in the legal system, ensuring that individuals are notified of legal proceedings and given the opportunity to respond. However, there are a lot of misconceptions out there about this vital role. These misconceptions can lead to delays, complications, and even negative legal consequences. In this post, we’ll debunk some of the most common myths about process serving and provide accurate information to help you understand the process more clearly.
Misconception 1: Process Servers Can Go Anywhere, Anytime
One of the most prevalent misconceptions is that process servers can serve legal documents anytime and anywhere. While process servers in Georgia are welcome to go anywhere in public, private property is a different story. Aside from knocking on the door of a private residence or approaching the reception desk of a commercial building, a process server is not permitted to go any further unless permitted by the property owner or tenant. Process servers are not allowed to trespass or commit any other crime while performing the duties of the job.
Misconception 2: Anyone Can Be a Process Server
Another common misconception is that anyone can serve legal documents. This is simply not true. In Georgia, process servers must be:
- The sheriff of the county where the action is brought or where the defendant is found or by such sheriff’s deputy;
- The marshal or sheriff of the court or by such official’s deputy;
- Any citizen of the United States specially appointed by the court for that purpose;
- A person who is not a party, not younger than 18 years of age, and has been appointed by the court to serve process or as a permanent process server; or
- A certified process server as provided in Code Section 9-11-4.1.
Anyone who does not meet at least one of these five criteria is not permitted to serve process in the state of Georgia.
Misconception 3: Process Serving is Always Confrontational
Many people believe that process serving is always a dramatic and confrontational event. While there are certainly instances where serving papers can be challenging, most interactions with process servers are professional and discreet. Their goal is to serve the documents in a timely and efficient manner while minimizing any risks.
Misconception 4: Avoiding Service Will Make the Case Go Away
Some people mistakenly believe that if they avoid being served, the legal case will simply disappear. This is a dangerous misconception. Avoiding service will not make the case go away; it will only delay the inevitable and potentially lead to further legal consequences. In some cases, if it can be proven that a defendant is intentionally avoiding service, the judge can enter a default judgment in favor of the person filing the case, granting their requests at the absent defendant’s expense.
Get the Answers About Process Serving in Atlanta
Process serving is a complex and highly regulated process in Georgia that plays a vital role in the legal system. By understanding the facts and dispelling the myths, you can ensure that your legal matters are handled properly and efficiently.
If you need assistance with process serving, skip tracing, document retrieval, and diligent search services in Georgia, don’t hesitate to contact our team of experienced professionals at Accurate Serve® of Atlanta. We’re here to help you navigate the legal process and ensure that your rights are protected. To get started, give us a call at 404-924-4838 or submit a work request online.
