Process Serving Terminology
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- Abscond
To abscond or absconding means to go in a clandestine manner out of the jurisdiction of the court, to surreptitiously hide, conceal, or to absent one’s self with the intent to avoid or evade a legal process.
- Abuse Of Process
Abuse of process refers to the improper use of process after it has been issued for a purpose for which it wasn’t intended. An example of such would be serving a legal process on an individual/entity which has not been filed with the intent to intimidate the opposing party.
- Acceptance Of Service Agreement
The Acceptance of Service Agreement is an agreement by a defendant or his/her attorney to accept a complaint or petition without enlisting a private process server or sheriff. Such an acceptance requires a document entitled “Acknowledgement of Service” or similar. The language in the acceptance document must reference that there is no proof that the service actually took place.
- Acknowledgement
An acknowledgment is the signature of a clerk or attorney authenticating that the person filing a document has sworn that the contents in the documents are true and accurate or that the document being filed was signed at his or her own free will.
- Affidavit Of Service
A legal document intended to certify the service of legal documents to an individual/entity. The details in the affidavit should include, the individual/entity served, date and time of service and the manner of service. In some jurisdictions, a description of the individual who was served must be included in the affidavit of service. In some instances, the executor must have the affidavit notarized by a notary public or someone authorized.
- Affirmation
A solemn and formal declaration that an affidavit is true and that the witness will tell the truth and can substitute an oath.
- AKA
This is the abbreviation for "Also known As." This is used to list another name, alias or a different spelling of name that may be used by a person.
- Alias Summons
An alias summons is a summons issued when the original has not produced its effect because it is defective in form or manner of services; and when issued, supersedes the first writ of summons. Some courts also refer to this as a “pluries summons.”
- Answer
The rendering of a response by a defendant to the Plaintiff’s complaint. Usually this refers to a Defendant answering a set of questions set forth in the court documents presented in the Plaintiff’s complaint.
- Apostille
An apostille refers to a standard certification provided for the purpose of authenticating documents for use in foreign countries. This is the means by which signatures on a document are authenticated and is recognized by an international body. The apostille itself is a stamp or printed form that consists of a certain number of specified fields including: the country name, the name of the executor, his/her function, authority, location, date, apostille registration number, signature and most importantly his/her seal or stamp.