The choice of a process server in Melbourne can make a big difference in how effectively your legal proceedings unfold. A good process server plays a crucial role in delivering legal documents on quickly and lawfully. In this guide, I’ll outline five important factors to consider when selecting your process server.
1. Expertise and Experience
Assessing the expertise and experience of a process server is critical. A knowledgeable process server knows the ins and outs of legal document delivery. For instance, a seasoned process server may have successfully delivered thousands of documents and faced a wide range of challenges such as; challenging, evasive or dangerous individuals.
Ask potential Process Serving Firms about their past experiences, including the types of documents they have served. For example, if they have delivered court summons, subpoenas, and eviction notices, they are likely accustomed to handling more sensitive and urgent situations.
2. Knowledge of Law and Process
Navigating the specific regulations around legal document service in Melbourne is essential. Each state has unique laws that dictate how documents must be served. A process server who is well-versed in Victorian laws will ensure that your documents are delivered correctly, reducing the risk of delays or un-necessary court challenges.
At Code Nine Process Serving we ensure that we first inspect the documents that you provide us. We check spelling, dates, names and ensure all the material listed is correctly attached. During service attempts we ensure we take contemporaneous notes recording dates/times and observations. During each and every service attempt we audio/visual record to ensure any legal arguments about improper service can be readily defended. We are well versed in giving evidence in court and are always available to assist our partnered firms if needed.
3. What if the accused/defendant cant be found?
Many Process Servers work on a three (3) attempt fee structure that allows them to get paid after a third non-successful attempt. This doesn't sit well with us here. At Code Nine if your defendant/accused is no longer residing at an address or becomes purposely evasive we then will commence an investigation.
We have the tools and experience to locate and serve even the most evasive individual. We will conduct in-depth intelligence gathering and find potential alternate addresses, business locations, relationships and family members. We then conduct a safety-first approach to dealing with and approaching the individual for service, leaning into our prior experience as Police Members and Government Investigators.
4. Cost Structure
Understanding the cost structure is essential when selecting a process server. Different servers may charge different fees, impacting your budget.
Request a breakdown of their pricing and any possible extra charges. For instance, some servers might have flat fees while others could charge distance traveled, printing fees and for additional service attempts. Keeping an eye on cost while ensuring quality is crucial for making a balanced decision.
Our fee structure is fairly simple and listed on our website under "Pricing" and we will always be up front about our fees, which aren't requested until after the job is completed. We pride ourselves on being very competitive with our fees.
5. Know your Process Server or Process Serving Firm
In recent times (post 2018), some firms have contracted gig economy drivers, such as Uber or Lyft drivers, to act as process servers. Yes you heard this right. This approach leverages the low barrier of entry to process serving, availability and geographic reach of gig workers to serve legal documents to just about anyone. These drivers, already driving daily, can take on process-serving tasks during their routes, potentially reducing costs and speeding up delivery.
However, using untrained individuals for such sensitive tasks can lead to errors or legal complications if the documents are not served or in accordance with the law. While this model offers convenience, it underscores the importance of thorough training and legal compliance in process serving to ensure proper execution and maintain the integrity of the legal process.
Final Thoughts
Selecting the right process server in Melbourne involves looking at various factors that can shape the success of your legal affairs. By emphasizing expertise, knowledge of the law, communication skills, investigative abilities and cost structure, you can find a process server that fits your needs.
In my experience, taking the time to choose the right server leads to significant long-term benefits. A top-notch process server helps ease your workload and ensures that your legal documents are delivered on time. This not only benefits your practice but also provides peace of mind to your clients.
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