As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
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Two Things That You Should Know About Hiring A Process Server -- Before You Do It
Irene Robertson
It's hard to sue someone if you can't locate them. It's also hard to divorce a spouse who keeps ducking the paperwork because he or she doesn't want to start kicking in spousal support or child support. While ducking the legal paperwork that tells someone a lawsuit has been filed against them and gives them their due process won't stop the inevitable (because there are eventual ways around that sort of problem), it does slow things down, which is why hiring the right process server can be important.
What You Should Know About Hiring A Process Server
1. You need to hire a process server who understands state law.
Each state has regulations on what a process server can and cannot do. Some process servers are also detectives -- which helps if a defendant is trying hard to hide his or her tracks. However, a law firm that offers process serving is likely to be the most well-informed about any state laws that have changed. A law firm's process server is also unlikely to cut corners or take risks that could damage your case later -- if there's proof that a process server violated the defendant's civil rights, it could end your case.
Some of the biggest offenses a process server can commit are easy to make:
- Breaking and entering -- no matter how tempting, you can't open a door and walk in if someone refuses to answer it, even if you can see them through the window
- Trespassing -- while some states allow process servers to ignore no-trespassing signs, others don't give them that leniency. It's important to know what your state laws say and what constitutes a "no trespassing" signal.
- Letting on that you're with the police -- while process servers may even be former law enforcement, it's important that they don't misrepresent themselves to intimidate the intended recipient of the papers.
2. It's important to hire a truly disinterested party.
While it may be a little more costly to hire a process server that gets paid by the hour, it's better than hiring one that only gets paid if they complete the service. That encourages the process server to bend (or break) the rules.
A truly disinterested party can afford to be patient, spend plenty of time monitoring the suspected location or hangout of a target, and will wait for the right moment to pass the documents over.
For more information on process serving, talk to a service provider, like AAA Attorney Service Co Of Ny Inc, today.
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