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Process Service Blog

A blog about private service of process and other service of process issues written by Middle Tennessee- Nashville private process server Brad Holton of Holton Services.  Call (615)499-6522 to set up service.

What Exactly is Service?

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So what is service really?  Service is shorthand for service of process.  Service of process, or service, or process, is the general term for the act of taking a legal document such as a petition or a subpoena and tells the receiving person that they are being formally noticed or ordered to do something by a court or in a court of law.  For example, a subpoena could be filed in a lawsuit that orders a random third party to produce documents such as employment records.  The act of formally giving that subpoena to the third party to give them notice the court says they need to get the documents together is service of process.  

Service is formal because it is very important on certain things to know the exact date someone receives legal notice of something.  For example, summons are frequently served by private process servers because a person only has thirty days to answer and private process servers are the fastest way to get the time period going.  It is also super important because if a person is not served, they are not bound by a decision.  If a private process server has sworn and affirmed to the service you can depend on it more than if you tried to do it yourself and bungled the deal.  Also, it is a third party with no interest in the case that can testify about serving the service.  That is what service is under Tennessee law.

Call Holton Services if you need a private process server to serve your summons or subpoena timely, efficiently, and intelligently in Nashville Davidson County and the surrounding Middle Tennessee area.  Trust our smarts and experience and call us at (615)499-6522 to serve all of your legal documents today!

Process Service on the Tennesse State Government

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Serving an office of the Tennessee Government, good security procedures I admit. They are photo logging every guest and confirming they are expected before they allow them past. While I wait on my host I notice lots of folks are hitting that exit badge reader packed up and leaving for the day at 2:30.. on a Tuesday. 

 

Private Process Service

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Private process service is the means by which a private individual with experience in serving process in Middle Tennessee will formally give important documents, especially legal documents, to a person or party.  In a lawsuit, notice of the lawsuit is very important.  This is why there are rules about service of process.  Many times, people will use the sheriff to serve the documents on the other party or corporation because they are cheaper especially in Nashville.  However, what do you do when the sheriff cannot find them to give them the papers?

A private process server will make multiple attempts at serving and will likely try to focus their attempts on times the person will actually be home, unlike the sheriff.  A private process server will also be more likely to get someone to answer the door.  Many people are scared to open the door if it is a police officer or sheriff, especially if they are avoiding the law and see that person holding papers.  The sheriff is also overworked and will not wait long or try too hard, they will simply post a notice to call them about papers.  This can have the adverse side effect of notifying the person that you are trying to serve them with the papers and tipping them off so that they can avoid it.

A private process server is also important and useful in emergency situations.  The sheriff's office will sometimes take almost thirty days to serve someone with the legal papers.  A private process server can offer a variety of time tables.  For example, Holton Services has emergency 24 hour private process service for Middle Tennessee, 72 hour private process service, or the standard service which sees at minimum one attempt at service within a 7 day window.  This is true for not only Nashville, but also surrounding counties such as Sumner, Wilson, Williamson, Rutherford, Cheatham, Robertson where many times the local Davidson County sheriff cannot even serve.

Private process is also advised any time you need to serve someone in a different county.  This is because there is a huge delay if you need to use the out of county sheriff to serve your process out of Nashville, for example.  Say you filed a lawsuit in Davidson County Circuit Court for a child support modification, and your ex has moved to Sumner County.  You would need a private process server who can pick up in Nashville and serve in Middle Tennessee, such as Holton Services.  If you tried to use the sheriff's office to serve process on your ex, you would have to pay at minimum $22 in a check or money order to the out of country sheriff.  You would then need to arrange for the clerk (if you are lucky for people representing yourself) to send the service packet out to the sheriff in Sumner County who would then finally attempt to serve process on your Nashville legal papers in Sumner County.  This can easily take more than thirty days, at which point your Show Cause Order for the hearing to modify the support will have lapsed and you will have to reset everything because it took so long to get served.  That entire situation would have been avoided if you had paid just $40 more for the private process server.  

Private process service is a very important tool used by lawyers to make sure their litigation moves quickly and expediently and that service is done right.  It is not an area of legal practice that lawyers skimp on for a reason, and this is why lawyers use private process to serve their complaints.

 

Do you need excellent private process service in Middle Tennessee?  Call us at (615)499-6522 and ask us about our experienced private process servers and options.  We service Nashville Davidson County and Middle Tennessee.  Let our relationships with the clerks and local law offices help serve you with your private process needs.