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United Process Servers, Inc.

What is Service of Process?

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side "served" with a copy of the paperwork that you have filed with the court. This is called "service of process."

"Service of process" means that the other side must get copies of any paper you file with the court.  In "service of process" a third person (NOT you) is the one who actually delivers the paperwork to the other side.  The person who does this is called the "server" or "process server."
Until the other side has been properly "served," the judge cannot make any permanent orders or judgments.

In all cases, Certified "process server" MUST: 

Scope of Work

Service of process are as follows:

Personal Service 

"Personal service" means that someone - NOT a party to the case - must personally delivery the court documents to the other side.

In “personal service”: 

"Personal service" is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the "service."

Since it is the most reliable, "personal service" is valid in all types of case.  Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Guam Rules of Civil Procedure. Rule 4(e)(2) states that service shall be made on individuals ''by delivering a copy of the summons and of the complaint to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a of the summons and of the complaint to an agent authorized bv appointment or by law to receive service of process." Common law authority is insufficient to satisfy the agency or appointment by law method. There must be a power of appointment or Territorial statute that would allow service to be made under this method. I know of no local law that would allow this. Perhaps you know of one that I don't. if so, please let me know. The three methods of service on individuals therefore are: personally, leaving a copy at their home or usual place of abode with a person of suitable age and discretion, or on an agent authorized by appointment or by law to receive service of process. Personal service under an; other circumstances is not effective.

Substituted Service (Sub-Service)

Substituted service is used after several attempts to personally serve the papers have failed.

For substituted service:

The server must then:

Filling Out and Filing the Declaration of Service 

The court must know that the other side was properly served. To do this, the process server must carefully fill out and sign the Declaration of Service detailing how service was done, on whom, where, and when.

The Process server signs the Declaration of Service makes a copy of the Declaration of Service. The Process Server then Takes the original and copy to the court clerk right away to file it. The clerk will stamp the copy “Filed” and the copy is returned to the Client

Keep this copy in a safe place.

Fees & Costs

In order to provide these services in a timely and responsible manner the following fee structure is proposed:

Schedule of Fees

  1. Service of standard Summons and Complaint or, other court
    Pleadings for the Superior Court of Guam
  1. If service is in the southern part of Guam
    (Talofofo, Inarajan, Malojloj, Merizo, Umatac, Agat and Santa Rita)
  1. Non-service Fee for each party per separate case:
  1. Service of other court pleadings
    (Service of Posting)
  1. Service of papers not associated with court proceedings.
    (Bank Demand Letter, Final Notices, Notice before Suit: Does not require Signature of receipt, can be delivered to any other resident in household)

$45.00


$60.00

 

$20.00

$65.00


$30.00

* Expedited Service Fee for each party per separate case: $65.00 “Service requested to be completed within a 24 hour period”

****If Client provides a Service to which it does not have no SSN/DOB to positively identify the subject, then UPSI may charge a Skip Trace fee of $75.00 on top of the Service of Process Fee. This will be subject to Clients approval.

When service is attempted or successful, process server must provide client with either Declaration of Service or Declaration of Non-Service.

It is the Process Servers fiduciary responsibility to make sure Client is constantly informed of status.

RECALL/CANCELLATION FEE: If Client withdraws any account referred to United Process Servers, Inc. after three (3) working days from referral, Agency will be immediately entitled to its fee of $20.00 per separate case. Any such request for withdrawal shall be made in writing by Client and addressed to UPSI.

Billing for Services:
United Process Server Inc. shall furnish to Client a Monthly Statement summarizing all Successful and unsuccessful Services made during the month and would also reflect the amount due to UPSI.

All invoices are due within 15 days upon receipt of acknowledgment by Client.