If you have a question about service of process, writs of execution, or the levy process, chances are that many people have asked the same question before you. Here are answers to some of the questions we hear often:
According to United States legal procedure, all parties must be notified if they are facing legal action against them in a court of law. Notification (called service of process) is accomplished through delivery of documents describing the legal action, and those documents include subpoenas, complaints, summonses, writs, orders to show cause and many others.
A process server is responsible for delivering legal documents to the parties involved in court proceedings. Montana requires process servers to be licensed and bonded. In addition to the bonding requirements, a process server must pass a written test covering the state laws, board regulations and court administrative rules governing legal service of process and levy procedure.
Process servers typically locate the individual named on the document, travel to that person to deliver the documents, verify the person's identity before handing over the papers, and then provide their client with a signed proof of service. This proof of service - also called the affidavit of service - details the time, date and location of the service of process, and the subject's name. It is the document you can present in court to verify that successful service of process occurred.
Service of process must be carried out by a professional who understands the state laws and court administrative rules, is well versed on best practices and is licensed by the State. Any failure to follow legal procedures can result in legal issues for other parties in the court case, which is why you should leave service of process to a professional. An experienced and knowledgeable process server will do everything by the book and make it easy to demonstrate that you fairly notified the other parties of impending legal action.
Process servers must adhere to Montana Code Annotated (MCA) Title 25 Chapter 20, Rule 4D for service of process. Rule 4D spells out the procedure for serving entities of all types, including businesses and corporations. If a business is a corporation or a limited liability corporation, our goal is to locate the registered agent, or another registered principal of that business. If none is available, we attempt to find the person in charge at the place of business. We are often specifically instructed to serve a registered agent, and while this may be preferable to a plaintiff, the service may be expedited by serving an officer or a person in charge at the place of business who is allowed to be served on behalf of the business under Montana law.
If the entity to be served is an assumed business name, Lee & Associates must serve the individual doing business as that entity. The proper captioning of an entity that is an assumed business name is key in getting a judgment on that entity. Doing some initial legwork on the business type will help us to effect a valid service, and allow Lee & Associates to levy on the accounts and other assets of that business or corporation once a judgment is granted.
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Lee & Associates provides our clients and contractors with a full-service portal to track the status of documents and levies.
