The term process server is one that those in the legal industry know all about, and those outside of the legal industry probably have little to no knowledge of. There are a lot of misconceptions about what they actually do and what is required of them on a daily basis.
A brief history
To begin to explain what a modern-day process server does, let’s first start with a little history of how and why they are needed. First, service of due process is a right set forth by the Constitution. This means that all citizens of the United States have the right to be notified of being summoned, these laws are outlined in the fifth and sixth amendments of the Constitution.
Process servers were created as a messenger service to inform people of their constitutional right to due process of law by “serving” them with a notice that states the legal matter that involves them directly. Originally, legal documents were typically served to individuals by their local county sheriff. As cities grew in the United States it became a daunting task for local sheriffs to deliver court papers while attending to legal matters in their jurisdiction. There was a need for someone to deliver these papers legally and in a timely manner; therefore, servers were created.
What does a process server do?
Process servers are involved in a variety of tasks such as filing court papers, serving legal documents and document retrieval. Their main task is to deliver or “serve” legal documents to a defendant or person involved in a court case. After serving any legal documents, servers must present tangible evidence that the legal papers were served. The evidence that is presented is called an affidavit of service or proof of service, which must be notarized and given to the individual or company who requested the papers to be served. Process servers are legally obligated to serve papers in the proper manner outlined by their state. Service of process laws vary by state, so each individual servers may have a different way of doing things.
Why is service of process important?
Service of process is important for many reasons, but the main reason is to ensure that the due process of law is upheld in United States. Another reason process servers are an important part of civil society is to ensure that legal papers are served in an efficient and proper manner. If papers aren’t served correctly, the court cannot rule on a case involving an individual if they were not legally made aware of it. If service is found to be insufficient, the entire case may be thrown out. This makes it even more important to know the laws of your state regarding the correct way to serve a defendant legally.
The recorded statement is a guarantee step in the claim investigation process.
Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.
You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.
Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).
The cooperation clause is just that, a clause that requires you to help the insurance company’s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.
Benefits v. Harms of a Recorded Statement
The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person’s version of events was “more convincing” because she/he was willing to put their words in a recording.
The harms of giving a “bad recorded statement “could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.
If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party’s insurance carrier asks for a recorded statement, have them contact your insurance company and “share” a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).
Here are the best 10 tips of what you should do before you give a recorded statement:
1. Make sure you have time to talk. Secure at least one hour of your time.
2. Make sure is time that work s for you and the adjuster’s. Do not do it before the adjuster’s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.
3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.
4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.
5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.
6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.
7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.
8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.
9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.
10. Be polite and respectful. If they are rude or anxious, the adjuster’s supervisor will probably side you. But if you are rude, your complaint will be dismissed.
Drive safe and hope that others will!
We’ve all read internet ads that prey on folks who are looking for a way to make extra money or be able to quit their regular jobs. I’ve seen hundreds of these, and researched many of them. Believe me, most do not live up to the hype once you read the fine print.
I have my own internet business, and I didn’t just download a free website, push a button, and watch money start filling my bank accounts. I love my business, but I work hard at it.
I have, however, recently researched private gifting clubs. Some are definitely run better than others. Below you’ll see how easy it is to be successful at cash gifting if you have the right tools. Someone should have thought of this (and run it this well) a long time ago!
Giving private gifts to one another is an expression of kindness, which has been going on for centuries. Governments have allowed its practice for individuals to share their wealth with families, friends and others.
The concept of private gifting is based upon the fact that American citizens have the Constitutional right to gift property, cash and other assets, and are subject to the rules and regulations established by the laws. The U.S. gifting rules are found in the IRS Tax Code, Title 26, Sections 2501-2504 and 2511.
The law states that one or more individuals can give a gift to another individual of up to ,000 each per calendar year without any tax liability to either the giver or receiver of the gift, because the tax on the gift has already been paid. These gifts are not included in the gross income of the recipient.
Visit www.giftingcycle.com for details about how my favorite cash gifting private club works.
No, this is not a pyramid scheme. A pyramid is associated with a company or a business. www.giftingcycle.com is not a company, just a private sharing club. We have no sales quotas, we do not sell positions and we do not have an ever-widening base to the structure, which just keeps going and going. A pyramid never allows anyone coming in on the bottom to ever reach the top. Everyone gives the same gifts, works together in team dynamics and receives the same gift. In a pyramid, only those at the top profit while those at the bottom never reach the top. In a pyramid, people can and have lost their money.
Gifting has changed countless lives for the better. People who were about to lose their cars and homes have been saved from financial ruin, college educations have been made possible, and nearly forgotten dreams have come true, all from participation in gifting. Gifting is the fastest way to generate cash.
No. There is no selling, no solicitation, no pressure and no coercion. It is simply a matter of sharing what is in your heart, of sharing your own reasons for becoming a participant, and your own experiences. We hold live Workshops to answer questions for your Invitees, therefore you don’t have to do any explaining.
There are a few programs to choose from, but after a lot of research, the absolute best I’ve found is at www.giftingcycle.com. You can participate part-time or full-time and you can listen to live calls with participants before making any decisions.
I just wish I’d found this one earlier! I’m so excited about it, I’m sharing it with everyone.
<input id=”gwProxy” type=”hidden” /><input id=”jsProxy” />
<input id=”gwProxy” type=”hidden” /><input id=”jsProxy”>