It can be extremely difficult to find detailed information about process serving. It is not a field that has been widely researched for growth and salary trends. Most professionals in the business can be tight lipped for fear of losing business to new servers in their area. And its just not a widely talked about field. Its not a mainstream job that attracts a lot of interest. So how does one who seeks information go about finding information on legal process serving?
You need to file what is called an “Answer”. However, you have to be careful. In some jurisdictions all of the defendant’s (you) affirmative defenses must be filed at the same time the original response is filed with the court or the defenses are lost forever.
9) There is no law that states a debtor has to pay you. There are only laws that allow a creditor to discover a judgment debtor’s available assets, and then supply court documents and money to a Sheriff, to levy those assets to try to satisfy the judgment.
You can serve the statement of claim yourself by doing this in person or alternatively by having a https://www.processserver101.com do so. A third option available is by paying a fee to the court to send it by post. You cannot properly serve a statement of claim by sending it yourself in the mail, even if you send it by registered post. It is only a small fee to have the court post the statement of claim for you and they keep the record of posting for their files. It is important to note that however you decide to deliver it, you must do so within 6 months of filing your claim. You should not delay in sending it and should do so as early as possible in the event that there are difficulties in contacting the debtor.
In many cases you can represent yourself in divisions other than Small Claims. However, it is not advisable. While it is possible for a litigant to get up to speed and learn the laws, rules and procedures necessary to win a lawsuit, a failure to understand proper law and procedure could mean dismissal of your lawsuit or other sanctions. If you attempt to represent yourself in court, you will be held to the same standard as members of the bar. Ignorance or inexperience will not be an excuse. The court won’t help you or advise you.
Note the debtor can file a “Claim of Exemptions”, and you must show up in Court on the specified date to prevent them from automatically canceling your levy.
Once again: Think about how you have given or gotten bad news and what you have done to get to solid ground. Let me know. The best answer will get a complimentary pass to our next GUTSY WOMEN weekend or for the men a copy of “Don’t Bring It to Work”. If you are willing I would also like to post your response on a future blog.