Are Process Servers Embracing Change? Are they Confronting Challenges?

For decades, if not centuries the act of serving process has remained largely unchanged. The profession is currently at a critical crossroads, it is facing significant challenges to its image and ability to keep pace with technological advances in today’s constantly changing marketplace. If the private process serving profession hopes to be a part of the solution to these and other problems they need to EMBRACE CHANGE rather than resist it.

Monday, November 28, 2011

Service of Process Law Review Article

This morning the National Law Review published an article commissioned by NAPPS on the relevance of personal service in a digital age. It is definitely worth taking the time to read it in its entirety. The following is a quote.

There is perhaps no set of acts more important in furtherance of commencing an action before a court than the filing of a complaint and the service of process on a defendant. Simply put, without proper service of process a Court has no jurisdiction over a defendant and may not proceed to judgment.⁴ Further, any such judgment rendered will in all likelihood be deemed void. As discussed below, a critical underlying rationale for the strict requirements relating to service of process is for a court to obtain jurisdiction over the defendant, to give a defendant reasonable notice as to the pendency of a claim, and to provide a meaningful opportunity to raise constitutional issues.

Here is a link to the article. http://bit.ly/SOPLawReviewArticle