You’ve probably seen it a dozen times in the movies—a process server dresses up in disguise, wiggles their way into the presence of a defendant, and tricks them into accepting paperwork. “You’ve been served!” is the classic line they deliver.
Movies are rarely like the real world, so you may find yourself wondering if that’s how it works in real life, too. Can process servers don disguises? Do they have to identify themselves? Do they have to tell you their name, or can they just say that they’re a process server?
An even more important question for anyone who has been served legal documents is how to know whether or not a process server is legitimate.
At Firefly Legal, we provide connections between legal organizations and high-quality process servers nationwide, which means we know our stuff about the service of process! That includes all the rules and regulations that process servers are required to follow, no matter which state they are operating in.
Process servers are rarely required to identify themselves, but they are required to deliver the papers to the correct individual and properly documented according to state rules.
What are process servers required to do when delivering papers to a defendant?
The rules for process servers are set by each state, which means there are variations from state to state. For example:
- In Alaska, process servers have to be licensed by the state
- In California and Montana, servers don’t have to get a special license, but they must register with the state if they serve process more than 10 times per year
- Unlike almost everywhere else in the US, process servers in New York City must be licensed and must carry identification cards
- Most states don’t require any special certification to be a process server; you simply must be over the age of 18 and unrelated to the case
- Process servers usually have to attempt in-person delivery multiple times before they can serve via certified mail; a handful of states like Alaska, Montana, and Wyoming allow certified mail as a primary service method
Do servers have to identify themselves by name or as a server?
If you Google this question, you’ll get different answers. Some sites will tell you that process servers are always required to identify themselves, and others will tell you that it’s not a requirement at all. So which is it?
Here’s where the confusion lies:
- Some states require their process servers to carry identification, but this does not mean that they are also required to announce their role while serving process
- Professional process servers will often announce themselves out of ethical standards, even if it’s not required
- Local jurisdictions may have additional requirements
- A process server identifying as a server is not the same thing as providing unique identifying information like their full name
- Process servers are required to correctly identify the person they are serving papers to, and this sometimes gets mixed up with the requirement to identify themselves as servers
Generally, process servers will not identify themselves before serving documents, but will typically answer some questions after the fact. This includes providing:
- Their name
- Their licensing or registration details, if they’re in a state that requires licensing/registration
- Who hired them to serve the documents
What if a process server refuses to identify themselves?
It is normal to be skeptical of a process server who refuses to provide identification. However, because process servers often do their work quickly, you might not even have time to ask. If a server didn’t identify themselves, ask yourself if there were any other signs that something might not be right.
For example, watch for:
- Unprofessional behavior, like threats or swearing
- Strange requests, like asking for money
- Subterfuge or misrepresentation, such as pretending to be a police officer
You can also ask for an ID or business card, contact the court who issued the documents, or even decline to accept the documents. Keep in mind that denying documents doesn’t prevent the case from moving forward.
How do you know that a process server is legitimate?
If you are on the receiving end of the service of process, you may want to confirm that your server is legitimate—especially if you’re not expecting to be named in any court proceedings!
Sometimes, the service of process happens quickly, and your adrenaline may be pumping. If you’re wondering, after the fact, if the documents you were given are authentic. You can look back on the interaction with the server to assess their credibility.
Process servers follow the rules of the state where they are operating
Process servers may not have to be licensed in every state, but they should work within the boundaries of state laws. You can check to see if they followed the rules by looking up your state’s Code of Civil Procedure.
A process server will:
- Correctly identify you as the named party in the legal documents
- Serve the documents where they are legally permitted to do so
- Serve legitimate, permissible documents
- Make multiple attempts to serve documents before switching to other means, such as service by certified mail (Exception to this rule: some very large states with remote populations may allow certified mail as a first attempt)
- Be professional and straightforward in their work
Frequently Asked Questions about process servers
Are process servers required to wear any special badges or uniforms?
No, process servers do not wear uniforms. They are only required to carry identification in some jurisdictions. However, keep in mind that officers of the law may sometimes do the work of process servers. Most states allow sheriffs to serve process, which means you may receive documents from someone in uniform.
Are you allowed to refuse papers from a process server?
You are not required to accept papers from a process server, but it is important to note that refusing service does not stop the legal process from continuing. If you refuse to answer the door or interact with a process server, they will record your non-compliance.
The state determines how many times a server must attempt service before sending the documents via certified mail is an acceptable method. If you refuse service, the documents will eventually be mailed to you
You cannot stop a legal case from proceeding by avoiding the process server.
Are process servers allowed to lie about their identity?
No, process servers may not lie about their identity. Even if they are not required to give you their identification information, that doesn’t mean they can pretend to be a police officer, lawyer, or other figure.
What should you do after being served papers by a process server?
After being served papers, review them carefully.
- Identify what kind of documents they are (summons, subpoenas, notices, etc.)
- Verify the authenticity of the documents
- Follow the instructions provided by the court
- Contact the county clerk if you have questions about legal cases in their jurisdiction
- If necessary, contact an attorney to discuss your case
Need to hire a knowledgeable process server? Turn to Firefly Legal
If you or your legal organization works with process servers, you know how important it is to work with the best! Process servers are an essential part of the legal process, and your cases depend on servers who know how to follow every relevant state rule of procedure, guaranteeing due process.
Firefly Legal provides organizations across America with process servers and other legal services. We work with the best, vetting each process server to determine they have the right credentials, experience, and knowledge to work on your behalf.
Contact Firefly Legal to learn more about how we can help connect you with a nationwide network of process servers.
