Civil Process

 What is Civil Process (service of process)? What is a Private or Civil Process Server?  Service of Process is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process") to the person to be served.  Essentially, it is an order of a court directing that an action be done.  A Civil Process Server is person or employee of a person who has petitioned for and been granted appointment as a Special Process Server by the United States District Court of jurisdiction in the area in which they live.  (In our case, it is the Western District of Virginia.

What kinds of documents can be served by a Private Process Server? Any document a private party wishes to have delivered personally is acceptable to be served by a private process server, though typically the documents are related to civil court matters such as Warrants in Debt, Unlawful Detainer of Property, and Domestic Relations.

Do I need a lawyer to write documents I want to have served? You do not need a lawyer to prepare the documents.  Some simple documents such as Warrants in Debt and other Small Claims cases are simple enough to prepare with the aid of the Court Clerk.  It is, however, recommended that you have the guidance of an attorney.  Many legal proceedings will require knowledge of the related laws that the average citizen may not have.

What does a Private Process server do that the Sheriff cannot? When you enlist the aid of the Sheriff's Department to deliver your documents, he or she is restricted to delivering those documents to the address listed on the documents and further restricted to a maximum of three (3) attempts. A Private Process Server is held under no such restriction.  He or she may attempt delivery on a person or business as many times as the client permits and is capable of investigating the defendant in order to make sure that the documents are delivered in a timely fashion rather than returned to the court as undeliverable, causing the case to be delayed or dismissed.

What do I do if I know a Private Process Server is looking for me?  If your home or business is visited by a Private Process Server, be polite and accept the documents.  Servers have to file an affidavit of service to the court whether you accept the documents or not.  If you refuse the service, they are required to note the manner in which you refused which could affect your credibility as a party in the legal action.  Additionally, don't have someone else answer the door and say that you don't live there.  They could be charged with obstruction of justice if the judge finds their statements to be untrue.  Finally, don’t ask the Server any legal questions; they are not authorized to give legal advice.                                  

Private Security

What is Private Security? A security guard (or security officer) is usually a privately and formally employed person who is paid to protect property, assets, or people.  Often, security officers are uniformed and act to protect property by maintaining a high visibility presence to deter illegal and inappropriate actions, observing (either directly, through patrols, or by watching alarm systems or video cameras) for signs of crime, fire or disorder; then taking action and reporting any incidents to their client and emergency services as appropriate.

What training and documentation are required to be a security officer?  Virginia law requires a security guard to complete a minimum of 18 hours of course work to be an unarmed security officer.  The subjects covered under this course include:  Virginia and Federal Law; security patrol, access control, and communications; documentation; emergency procedure; and confrontation management.  They must also attend an annual in-service which covers changes in governing law, and other job-related training in order to renew certification.  All security officers are required to submit fingerprints and documentation for a thorough background investigation. 

What is the difference between Armed and Unarmed Security? What additional credentials must an Armed Officer carry? In the State of Virginia, a guard with access to a firearm is classified as an “Armed Guard”.  In Virginia, an armed guard is required to take additional classes and to carry special identification issued by the Department of Criminal Justice Services – Private Security Services Division. These classes include firearm training and training in proper arrest procedure and the laws which govern arrest.  An armed guard is also granted limited powers detain suspects and effect arrest under specific circumstances as defined in the Code of Virginia:  

§ 9.1-146. Limitation on powers of registered armed security officers.

Compliance with the provisions of this article shall not itself authorize any person to carry a concealed weapon or exercise any powers of a conservator of the peace. A registered armed security officer of a private security services business while at a location which the business is contracted to protect shall have the power to effect an arrest for an offense occurring (i) in his presence on such premises or (ii) in the presence of a merchant, agent, or employee of the merchant the private security business has contracted to protect, if the merchant, agent, or employee had probable cause to believe that the person arrested had shoplifted or committed willful concealment of goods as contemplated by § 18.2-106. For the purposes of § 19.2-74, a registered armed security officer of a private security services business shall be considered an arresting officer.

 Private Investigator