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:
- Be 18 years old or older;
- Not be a party to the case;
- A professional process server (Certified by the Superior Court of Guam)
- Serve the paperwork on the other side in the time require;
- Fill out a Declaration of service form that tells the court whom they served, when, where, and how; and
- File the Declaration of service with the courts and submit to Client a stamped “Filed” copy for their records.
- It is the Process Servers fiduciary responsibility to make sure Client is constantly informed of status.
Scope of Work
Service of process are as follows:
"Personal service" means that someone - NOT a party to the case - must personally delivery the court documents to the other side.
In “personal service”:
- The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
- The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
- If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
- The server then fills out a Declaration of service, detailing when, where, and how (in person) the papers were served. The Special Process Server signs the Declaration of Service files the original and a copy with the Court which then the copy is given back to the Client for their records.
- Personal service is complete the day the papers are served.
"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 tries to personally serve the papers on the other party a number of times (usually 3 or more) but cannot find the party at home (or work, if that is the address the server has). The server must try different days of the week and different times of the day, at times when the other person is likely to be home (or at work if serving him or her there).
- If the server is unable to find the person to be served on each one of those times, he or she can, on the last attempt, leave the papers with someone at the other party’s house, at least 18 years old, who lives there.
- If the server is trying to serve the papers at the other party’s work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old. (Only if Client agrees to this practice).
The server must then:
- Fill out a Declaration of Service, detailing when, where, and how the papers were served. The server has to make sure to write the name of the person he or she left the papers with (or a detailed physical description). The server signs the Declaration of Service files the original and a copy with the Court which then the copy is given back to Client for their records.
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
* 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.