Both process servers and sheriffs can serve legal documents, but the service they provide isn’t exactly the same. Sheriffs and their deputies are charged with getting accurate information about the person they need to serve papers with, just like independent process servers. However, working with a sheriff isn’t always the most efficient option.
Let’s look at the main differences between hiring a process server versus a sheriff’s office for serving legal documents. We’ll cover cost, timeliness, methods of services, and more.
What is a process server?
A process server is someone who delivers and serves legal documents to a defendant in a lawsuit. The server is a neutral third party in the case. Many states have rules about how a defendant can be served, with specific paperwork that must be used.
Sheriff’s offices can serve legal papers to individuals, but there are also independent process servers who can do the job. Depending on the state, these private process servers might need special credentials or licensure to serve papers.
Process server vs sheriff
If both private process servers and sheriffs can serve legal papers, why would you choose one over the other? The services should basically be equivalent, right?
Not necessarily. There are some big differences you can expect when you choose either a process server or a sheriff.
Methods of service
Depending on the court’s discretion, a process server can deliver papers in hand, by mail, notice, or digital communication. They can use a variety of methods to track down someone who is difficult to find, but they might be a bit limited compared to a law enforcement officer.
Sheriffs can enter restricted areas that process servers cannot, such as private properties with “no trespassing” signs. This can be helpful in risky situations, or when the defendant is in a dangerous area.
Cost
Typically, the fee charged by the process server and the sheriff is similar. You’re paying the same out-of-pocket, but the value of the service itself is vastly different. Quality customer service and excellent communication are included in the price with a process server. With a sheriff, the cost generally covers the service of the documents and that’s it.
Sheriffs have other responsibilities besides serving legal papers, so delivery of your documents won’t be their priority. They probably won’t be able to focus on your needs as much as an independent process server can. A process server’s only job is serving legal documents.
Timeliness
If having your documents served in a timely manner is important, then an independent process server is usually the better option. Process servers can be available at night and on weekends — even 24/7 if needed.
An independent process server usually has more flexibility than a sheriff, letting them deliver your papers as soon as possible. Sheriff’s offices tend to take longer to serve documents. Some jurisdictions even require court orders before the sheriff can do anything.
Reasons to choose an independent process server over a sheriff
In most situations, a private process server will be more efficient than a sheriff at serving papers. They have a few advantages that sheriffs simply don’t have.
Speed
As mentioned, sheriffs have a lot of tasks to juggle every day. Serving legal documents isn’t their main focus, so they may not get the job done right away. They’re also limited to making service attempts during working hours: 9-5, Monday-Friday.
Private process servers not only have serving documents as their only focus. They can also serve papers outside normal working hours, if local laws allow it. This flexibility can speed up the process.
Better customer service and communication
Sheriff’s offices communicate with you when you ask them to serve legal documents, of course, but they are public servants; their livelihood doesn’t depend on serving papers. Because sheriffs are usually very busy, they have less time to communicate with you or tend to your specific needs.
Private process servers, on the other hand, can accommodate specific requests. If you know that a defendant will be at a certain location for only an hour or so, the process server can more easily rearrange their schedule to meet that request.
Independent process servers are also generally more communicative with you because their business depends on your happiness with their services. At Firefly Legal, for example, we work hard to accommodate your requests and keep you happy.
In-depth knowledge
As law enforcement officers, sheriffs and their deputies are aware of the law. However, nuanced civil procedures like serving documents can be tricky, especially if they change often. The sheriff’s office might not be aware of small changes to how paperwork is filed, days that service of process can be served, where it can be served, and so on.
Independent process servers keep up with these changes religiously. Part of our job is tracking legislation in the jurisdictions where we work to learn about any changes as soon as they take effect. We only add highly-qualified and well-trained process servers to the Firefly Legal network.
More resources
If you have a defendant who is difficult to find, sheriff’s offices might let you down when it comes to serving papers. They don’t usually have the time or resources to track someone down and may simply return the papers to the court as undeliverable.
Private process servers make it their job to locate hard-to-find people so they can be served. They can use a variety of research methods, including skip tracing or private investigation.
Is there any reason to have a sheriff serve papers?
Although private process servers have several advantages over sheriffs when it comes to serving legal documents, there are some situations in which a sheriff is preferable:
- Sheriffs can enter restricted properties that process servers may not be able to.
- The person receiving the papers has a history of conflict.
- The case is sensitive and the court prefers the sheriff to handle it (but this is rare).
- There is a physical risk to serving the papers.
If you think one of the above situations applies to your case, you should ask a process server about it before hiring them. Give them the information and ask if it’s a situation they can handle. A good process server will be honest and let you know if a service is beyond their scope or they’re uncomfortable with doing it.
What to expect when hiring Firefly Legal as your process server
Firefly has completed over 3 million process services, so we know how to get things done. Our clients trust us because we’re friendly, fast, and professional. We keep up to date on all laws and regulations and always provide a high-quality experience.
If you’re choosing between a private process server and your local sheriff, give Firefly a call. We’d be happy to discuss your concerns and find the best solution for your needs.
