Don’t you want to protect your business from expensive legal delays?
Litigation. Regulatory proceedings. Contract disputes. Every year, companies of all sizes face all of these legal challenges.
According to Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey, 61% of organizations experienced at least one regulatory proceeding in 2023. That’s up 11 percentage points from last year.
But there’s a problem:
When legal papers don’t get served the right way, cases get dismissed. Deadlines get missed. And money gets lost.
Fortunately, there’s a simple solution that can protect your company from making these costly mistakes.
Let’s dive into exactly what that is, and why it makes sense for your business…
Service of process is a legal requirement.
On the surface, this seems simple enough. Someone has to hand legal papers to another person.
But the rules that dictate how, when, and where this needs to happen are quite complex. They vary from state-to-state and court-to-court.
Here’s the reality:
Every lawsuit begins with proper notice.
The defendant must receive the complaint and summons before any legal action can go forward. This is a direct result of the Due Process clauses in the Constitution.
If this doesn’t happen?
The case gets thrown out of court.
Courts don’t take this lightly. According to Federal Rules of Civil Procedure Rule 4(m), a lawsuit may be dismissed without prejudice if a defendant is not served within 90 days after the filing of the complaint. Ninety days. That’s not a lot of time when you have difficulty locating parties or complex corporate hierarchies.
This is exactly why businesses turn to professional process serving services. Hiring experienced process servers who understand these complex service requirements can eliminate the risk of procedural failures that can derail your case.
Failure to serve properly can cost you more than time and money…
It can lead to the outright destruction of your case.
If a motion to dismiss for insufficient service is granted, several things happen:
And here’s the worst part:
If the statute of limitations runs out during this process, then the case cannot be refiled. The client is now out of luck. They lose their legal rights. All because someone failed to follow the correct service of process procedures.
Professional process serving services exist to help prevent these kinds of scenarios from happening. They understand the technical requirements that so often trip up inexperienced process servers.
Common reasons why a case may get dismissed due to poor service include:
So what, exactly, do businesses gain from hiring professional process servers? Let’s break this down…
Professional servers know the rules.
Every jurisdiction has specific and unique requirements for service of process. There is zero flexibility when it comes to these procedures. They must be followed precisely.
Trained professionals keep up-to-date on:
This legal expertise protects your business from procedural errors that can be extremely expensive.
Time is critical when involved in litigation.
Serving documents quickly and correctly the first time means your case won’t experience unnecessary delays. This can save you weeks, even months of time.
Professional servers also leverage technology to make serving faster and easier. Modern process serving applications help servers confirm locations, record delivery information, and send near-instantaneous confirmation to all parties. GPS verification can prove papers were delivered at the correct address.
Here’s something most businesses don’t realize…
Every failed service attempt costs you money. Re-filing fees, extra attorney time, and extended litigation timelines all add up quickly.
Hiring professionals up front is often much less expensive than having to fix mistakes later. One successful serve beats three failed attempts every time.
Courts will require proof that service of process was performed.
Professional servers can provide:
This documentation can be used as evidence to protect your business if the other side challenges the validity of service.
Some people don’t want to be found.
They change addresses, avoid their homes, and won’t answer doors. Professional servers have experience locating and tracking down elusive parties.
Professional servers are also trained to de-escalate difficult situations. Serving legal papers can trigger emotional reactions. Experienced servers know how to protect themselves and others while still getting the job done.
Not all process serving services are created equal.
Here are some important factors to consider when selecting a process serving provider for your business:
Ask about their first-serve success rates. The better process serving company will complete most assignments without needing multiple attempts.
You’ll also want to look at their geographic coverage. If your business operates in multiple states, then you’ll want a process serving company with a national network.
Navigating legal compliance is only getting more complex every year.
Litigation and regulatory proceedings are on the rise. Courts are also cracking down on procedural errors and service failures. Service of process has never been more important.
Here’s the reality:
Professional process serving services provide businesses with protection from expensive legal delays, dismissed cases, and procedural headaches. The technology, expertise, and reliability these professional process serving companies provide is hard to match with amateur servers.
The cost of professional process service is less than the cost of making mistakes.
Process serving is often an afterthought in the legal process…
But it’s actually the very first step that everything else depends on.
Without proper service of process, no case can even be brought. Courts can’t exercise their jurisdiction. Defendants can’t be held responsible. And business can’t protect their interests.
Working with experienced professionals provides peace of mind that this most critical step will be done right. Every single time.
To recap quickly:
For any business that is engaged in litigation, contract disputes, or regulatory matters, professional process serving services are no longer optional. They have become an essential protection for your business against completely preventable legal disasters.
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