Should You Enlist A Private Process Server For Your Small Claims Case?

Whether you'd like to finally collect on the outstanding loan to a friend or family member or are seeking reimbursement for the cost of repairing a window shattered by your neighbor's foul ball, you may at some point find yourself filing a lawsuit in your county's small claims court. Although small claims court procedures are designed to be simple and streamlined enough that an attorney is generally unnecessary, there are still some important steps you'll need to take in order for your claim to succeed -- and none of these steps are more important than ensuring the defendant receives timely notice of your claim against him or her. Read on to learn more about the role of a process server when it comes to small claims cases, as well as some examples of situations in which seeking a private process server like those found at Cooper Process Service LLC (rather than allowing your county's sheriff or constable to serve these documents to the defendant) may offer you the best odds of a positive outcome.

What role does a process server play in small claims cases?

Unlike criminal cases, in which an arrest warrant is signed by a judge and enforced by the police by arresting the defendant, civil cases (including small claims cases) begin with the filing of a complaint that alleges the defendant has caused some type of compensable damage to the plaintiff. At the time this complaint is filed with the court, a copy will also need to be provided to the defendant. Some states permit service by mail, while others require personal service -- either by a private process server or a county constable or sheriff's deputy. 

Although personal service of the complaint may seem like an unremarkable step in the court process, proper service is crucial to the future of your case. If the defendant fails to appear at trial or otherwise defend against the allegations you've put forth, you'll be able to secure a default judgment and begin proceedings to garnish wages or seize other assets. However, if the defendant is able to show that he or she was not personally served with notice of the lawsuit, any judgment you've obtained will be vacated and you'll be required to litigate your case again. And if you're unable to show, at trial, that you successfully served the defendant, your case may be stayed or dismissed until service is accomplished. 

When is enlisting a private process server a good idea in your small claims case? 

In some cases, having your documents served by mail or by the county sheriff is the most economical way to proceed. However, if past experience with the defendant gives you any hint that he or she is likely to raise improper service as a defense, you'll want to incur the additional expense of a private process server so that you can incontrovertibly show that the defendant was provided with adequate notice of the legal proceedings. Utilizing mail or a sheriff's deputy could make it more difficult to prove service, whereas a process server with experience in serving stubborn defendants should have no problem testifying at trial. 

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