Imagine a stranger rushing up to ring your doorbell or coming knocking at your office with legal documents that he or she must get to you directly, and in person. What is probably happening is you are being served legal process. You will probably be a little upset and could feel like you're being stalked, but the truth is that you have a civil right to these papers as part of the due process guarantee. Whether these papers are related to civil or criminal matters or issues large or small, you should not dismiss them.
The legal documents can be written in what is known as "legalese," the jargon used by legal professionals. They aren't supposed to be easy for the layperson to read, but should be in plain enough language for you to understand at some level. We would like to talk about the different legal documents you could receive, but you should never skimp on talking with a legal professional for any civil or criminal issue.
Hopefully, your experience is expected and starts with a visit from a kind and knowledgeable process server professional like those at divorce lawyer Spanish Fork UT. These people are often hired by the prosecutors or the party filing suit, and they have to give the people paying them on-time, legally correct deliveries. They should give you what the law requires, too: the same prompt delivery, no illegal intimidation and procedures of service that follow the law.
Let's go over the general types of legal documents you might receive from a constable:
Administrative Summons: These are sent by the IRS and are part of making sure everyone gives their fair share according to the tax laws. These summons require the person being served make an appearance before a tax examiner and produce documentation. This is usually the last step in an IRS investigation.
Citation: These are a particular type of summons handed out, generally, by law enforcement, so aren't really process serving. The most common citations, including tickets for drinking, smoking or trespassing in specific places, often require that you go before a judge by a future date. Accepting one of these is not any further responsibility or admission but, instead, a promise to appear. Failure to do so can mean automatic findings of guilt and growing fines and court fees.
Civil Summons: This is a kind of complaint in a civil case that includes a precise time when you should go to court. It is separate from a simple complaint informing you of the case.
Complaints: A complaint is a kind of legal filing, usually civil, and is generally the first filed in a lawsuit. If you are handed a complaint, it means you are being sued. There can also be criminal complaints, which are more serious than citations but often less sever than indictments.
Indictments: These criminal filings come after a grand jury , which meets without a judge, gathers to weigh evidence in a potential criminal case. A grand jury, like a regular jury, is made up of peers but the proceedings are kept confidential, even from the defendant. This special jury meets to decide whether there is enough evidence to charge you with a crime. Without an indictment, the most serious cannot be argued before a judge. Indictments will be handed to you or your attorney.
Petitions: This kind legal filing initiates a lawsuit, but asks for non-monetary or equitable relief These can also be handed out in lawsuits such as those in family law.
Small Claims Summons: Process serving documents related to small personal disputes often come from small claims court as complaints. These often mean you have to start working with the creditor right away or go see a judge. If you don't show up, you will likely have a judgment entered against you on your credit report.
Subpoenas: These aren't complaints or pleadings, like other process serving documents, and often have to be signed off on by a court clerk. They are a type of summons, but they require you to appear as a witness to give testimony, require you to present documentary evidence such as tangible items, records, books or papers or require you to attend a deposition with an attorney. These are often sent between lawyers rather than to you in person, but not responding can mean contempt charges or a forfeiture of your claims and a judgment against you.
Summons: Whether civil or criminal, a summons is an order for you to show up in a court. These should always state a specific date and time to appear. If you don't appear, you can either be charged with contempt of court or can lose the civil case as a "non-responsive party".
The U.S. Constitution, like the founding documents of many other governments around the world, protect citizens by guaranteeing due process of law. Everyone is entitled to a chance to represent themselves and make their own arguments. Professional process service is a very important part of this civil right and, when done the right way, can make the situation easier for everyone.