Thursday, October 11, 2018

Without Process Servers Vancouver BC Courts Cannot Function

By Betty Meyer


The modern legal system is complex almost beyond belief. The courts and law enforcement officials are governed by numerous rules, regulations and laws, all aiming to make sure that the system is fair to all. One such rule is that all parties involved in any legal matter have to be served all the documents pertaining to the case. This has to be done in person and specifically to the individual concerned. Without process servers Vancouver BC courts will be even more jam logged.

The legal system generate mountains of paper work. Lawyers, courts, law enforcement agencies and government departments all produce lengthy and complicated documents and many of them must be served on very specific recipients. This must be done as swiftly as possible. This mammoth task was once the responsibility of the local sheriff but the burden quickly became too big, making it difficult for the sheriff to perform his other functions.

Serving used to be the duty of the sheriff but the volume alone quickly made this impossible. Now, serving professionals dedicated to this single task are responsible for serving legal papers. Most of them are independent, working for several clients and getting paid for each delivery that they make. A server can be employed by a legal firm, by the court, the government, a business or even an individual.

One needs to be licensed to enter this career, but the licensing requirements differ from one state to the next. Some states require formal training but others simply require that an applicant has a clean credit and criminal record. Many operators are licensed to practice in several states. It does not come as a surprise to learn that many practitioners come from a law enforcement background.

It would be very wrong to think that these professionals are nothing but well paid delivery men. A server often has to overcome several obstacles before he can earn his fee. In many cases, the first obstacle is to locate the intended recipient. People move around and some people actively hide from the server because they know that the case cannot proceed until they have been served. Locating recipients can be very time consuming.

Confronting reluctant recipients can be dangerous and there have been many instances of servers being abused and even physically attacked. This is why many professionals are licenced to carry a fire arm. In most cases the police is reluctant to provide assistance unless they can be convinced that a real danger exist that the recipient will react violently when confronted. In most cases there is no time to try and convince the police.

Then there is the many laws related to trespassing. Serving professionals may not trespass in order to serve their documents. If they do, they can be prosecuted. This makes it very difficult to confront the recipient even when his address is known. Things are complicated even more by walled estates, highly sophisticate security systems and guarded entrances to apartment buildings. This obstacle can delay delivery for a long time.

A successful server needs to be patient and determined. He needs detective skills and he needs to be able to protect himself. They play a very important role in the overall justice system, however.




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