Digital Service of Process
We Help With Digital Service of Process
Physical service of process has long been held up as the gold standard for ensuring that the legal documents were served to the correct party, and if service is contested, the process server can testify before the court that the party being served was properly notified and were not denied their right to due process. However, in today’s landscape, there are a variety of situations where physical service is not always possible, or where it may not be the best solution.
While the guidelines for process serving can vary based on a variety of factors (i.e. federal, state and local regulations, the type of documents being served, facilities refusing access to process servers to physically serve documents, etc.), when the need arises for documents to be served electronically, Bosco Legal provides a service that is far superior to simply emailing the documents.
When documents are simply served by email, if the party being served does not reply to the sender, it can be difficult at best to confirm that the intended party received the documents. This can become problematic in a variety of instances, especially if the party being served claims that they did not receive the documents. When that arises with traditional service of process, a process server will have prepared a Proof a Service, they have their notes from when service was attempted, and they can provide testimony in court when needed.
When you have Bosco Legal perform Digital Service of Process (aka Electronic Service of Process or eService), you can rest easy knowing that an independent third party has a digital trail which documents not only that service was effectuated, but that the documents were received by the intended party. When Digital Service of Process is completed by Bosco Legal, it includes:
- Contacting the intended recipient to verify that they are agreeable to being served electronically
- Sending a notification to the intended recipient via email, notifying them of service and providing them with a link to securely download the service documents
- Documentation as to when the notification was viewed by the recipient
- Documentation as to when the receiving party has acknowledged receipt of the documents and has agreed to accept Digital Service of Process in lieu of physical service
- Documentation as to when the documents were downloaded by the recipient
- A Proof of Service to document that service was completed
Digital Service of Process provides a digital paper trail that emailing documents simply cannot. While physical service of process is still the preferred method for accomplishing service in most instances, it’s easy to see that Bosco Legal’s system for Digital Service of Process is far better than simply emailing the documents, and it can provide solid documentation for the courts that service was completed and that the documentation was received by the intended party.