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What is a Special Process Server and why are they important?
A Special Process Server (“SPS”) is someone who can serve legal papers other than the local county sheriff’s department. Your attorney will file a Motion to Appoint Special Process Server which is a formal written request to the Court to use a Special Process Server to serve legal documents on your ex spouse, other parent or opposing party in a legal action. If the Sheriff's department is unable to serve the individual then a licensed private detective may be used to serve the paperwork. You can use anyone approved by the court with a process server license.
A Special Process Server is generally given a photograph of the individual as well as a brief description of who they are, when they go to work, when they might be at home, what type of car they drive, as well as a list of common locations they might be able to try in order to make contact with the individual. In some instances they might have to stake out a specific location in order to catch them to serve them with papers.
A Special Process Server is important because sometimes it can be hard to rely on the Sheriff’s department to get the paperwork out, especially if you are on a tight deadline. A Special Process Server is a little more costly than the Sheriff’s department. In some cases your attorney might first try to mail via U. S. Mail, via email or send it by a courier directly to your ex’s current residence if they are refusing to accept the paperwork. If these attempts fail, the attorney might file a motion for publication (see our previous blog on if your ex flees the country for additional information). Once these steps have been attempted, then your attorney will file with the Court to be appointed a Special Process Server to ensure that your paperwork gets delivered.
If you are seeking a free consultation with an exceptional family law attorney, reach out to Angela Larimer directly to explore your options. We look forward to hearing from you!