Outside legal circles the profession of process server isn't widely understood. This article gives a brief overview of the role and takes a look at some of the difficulties they may encounter when carrying out day-to-day work.
When criminal defence lawyers are asked how they can maintain a clear conscience when representing suspected criminals, the answer is often the same: Every criminal - no matter how heinous their alleged crime - is innocent until proven guilty. As such, each deserves to undergo due legal process and the chance to prove their innocence.
Without due process the delicate scales of justice would be more like a seesaw. In the United Kingdom the right to due process was first enshrined in law in the Magna Carta in the 13th century and has formed the cornerstone of legal rights ever since.
A process server is charged with the task of informing the respondent in a legal case that they are now subject to due process and fall under the jurisdiction of a legal court. As well as delivering the documents it is the process server's duty to make an accurate record that process has been served.
The record, or affidavit, is treated as evidence that the respondent has been notified of the forthcoming action against them and failure to appear in court on the appointed date could result in default judgement in favour of the plaintiff.
Of course, not every respondent is keen on having their day in court - particularly if they stand to lose large sums of money in a divorce proceeding or matter of debt. This can sometimes make the job of a process server somewhat difficult.
Particularly in high value cases, respondents will often go to great lengths in order not to be served with the papers that symbolize the beginning of a legal process.
Due process states that documents must be served in person, so among the favourite avoidance tactics is simply to pretend not to be at home. However, these respondents don't count on the persistence of the average process server - many of whom are private detectives and will almost certainly have the upper hand when it comes to the number of tricks up their sleeve.
Refusing to admit identity, physical violence, crazy disguises and even hiding in bushes aren't uncommon tactics either, along with many other strategies that would simply beggar belief to the average reader.
Process servers must be tenacious, tough and well able to handle themselves. For this reason, the work is often carried out by private investigators - many of whom are ex-police officers and well experienced in tracking people down and seeing through disguises, as well as being skilled in self-defence should the occasion require it.
Despite the work often being full of pitfalls and danger, it can be exciting too. The best trusted process servers may occasionally be take on overseas assignments and the role couldn't be further from a typical nine-to-five role.
In the UK, anyone who thinks they have the skills and experience can work as a process server, but only the most determined and steely could hope to make a success of this exciting and much misunderstood profession.
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