If you’re an attorney looking for a reliable process server, it can be hard to wade through the pages of internet search results. Regardless of your city or state, numerous parties may offer their services, and it may feel tempting to partner with the first private process server you find.
Process server contracts cost money — if you hire the wrong person for your legal document delivery, you could lose precious time and expense, face case setbacks, and may expose yourself to significant liability risks. Con artists posing as credible process servers can dupe you out of money and sensitive personal information.
If you’re wondering, “How do I know if a process server is legitimate?” There’s good news! We’ve got you covered. Here’s a breakdown of the reasons why a legitimate process server is vital to your legal business, and seven ways you can tell if a process server is credible.
Why a legitimate process server is crucial to your case
A legitimate process server can help your case begin seamlessly without facing legal risks. By remaining within compliance of all federal, state, and local regulations, a legitimate process server can ensure your deliveries are in trustworthy hands.
A legitimate private process server will:
- Act with discretion and sensitivity
- Adhere to compliance
- Consistently and clearly communicate about the progress of your case
- Deliver quick turnaround whenever possible
- Efficiently attempt and record delivery
- Never cut ethical corners
Why there are process server scams
Scams are on the rise everywhere. Fraudsters have become increasingly sophisticated and advances in technology allow them to target unsuspecting victims from all walks of life and professions. Although process server frauds often focus on the person being served, a bogus process server can target attorneys, too.
For the most part, these scammers are after your money and possibly, your sensitive personal and business data. If you fall for a process server scam, you can jeopardize your law firm’s reputation and credibility, and face significant liability risks.
A process server scammer might take your legal document deliverables for nefarious purposes, blackmail you to get them back, or demand upfront payment for services never delivered.
Signs of a process server scammer
A fake process server will pose as a legitimate, credentialed private process server to defraud your law firm. Although these scams can be easy to spot, it’s important to be able to discern the warning signs.
A fraudulent process server might have a website set up, but often will reach out to attorneys to dupe them out of money. Signs that you, your law firm, or your clients are being targeted by a process server scammer include:
- Demand for money: Illegitimate process servers will demand payment in full for services not yet rendered. Their demands may be aggressive or urgent in nature, and exorbitant fees may be asked for before documents are delivered.
- Demand for sensitive personal and financial information: A legitimate process server will never ask an attorney for personal information not contained on a summons, subpoena, or complaint. A scammer may devise a sophisticated scheme in an attempt to gather banking information or personal identifiers — this information is not pertinent to legal document delivery.
- Fake websites or email addresses: A fraudulent private process server may have a newly established website with an unsecured link or a phony email address that goes dark once you’ve hired them.
- Forged or lack of documentation: Although all states do not require licensing for process servers, some do and others might require a certificate of service from the courts. Even in regions without required training or licensing, a process server is typically recognized by the court system as able to serve parties in your case. If a process server evades requests for documentation or produces questionable documentation, it may be a sign that you’re getting scammed.
- Lack of proven track record: If a process server claims to be established in your region, but cannot point to past success for clients or positive client testimonials and reviews, this may be a sign of a scammer.
- Lack of transparent communication: A private process server who is scamming you won’t share the methods they might use for delivery attempts with you, won’t communicate demonstrable legal knowledge, and may be hard or impossible to contact.
How do I know if a process server is legitimate? 7 ways to tell
Although your law firm may be targeted by process server scammers, there are signs you can look for to ensure that you partner with a legitimate private process server. It may take time to thoroughly vet a process server, but it will save you money and protect you and your clients from severe legal risks.
Here are seven ways to help you determine whether or not a process server is legitimate.
Clear and consistent communication
A legitimate process server will ask for detailed instructions pertaining to any confidentiality, discretion, or unique circumstances regarding the intended recipients of your documents. A credible process server will share details of their methods of operation with you before they take your case.
An excellent private process server will also explain the techniques they may use to serve someone, provide real-time updates for your case, and clearly communicate all relevant details and verified attempts of delivery.
Identification, insurance, and licensing
You’ll know if a process server who wants to partner with you is legitimate by what valid credentials they provide upfront. A legitimate process server will show valid identification, proof of any required certifications or licensing in your state, and proof of the insurance coverage process servers are required to carry in your region.
Glowing client reviews, a credible reputation, and an established website
You can tell if a process server is legitimate by researching their professional history, too. Look for positive client testimonials, a stellar industry reputation, and an up-to-date website with contact information, a secured web address, and a polished look.
Look for demonstrable compliance and experience
Compliance is crucial to the success of your case and is key to the work of a legitimate process server. Laws and regulations vary from state to state and may be amended at any time. A process server who doesn’t adhere to compliance can put your case at risk and subject you to legal liability.
A great process server will feature compliance on their website and in marketing materials and will focus on demonstrable compliance in all steps of legal document delivery.
Similarly, the best process servers have experience in your region and understand the nuances of the geography and culture to help ensure efficient location of and delivery to an intended recipient.
Professionalism is paramount
A legitimate process server won’t display rude or aggressive behavior when attempting to secure a contract with your firm. They’ll be eager to show you their credentials and will treat initial contact with you with the utmost professionalism.
A valid process server will ensure they follow all of your instructions, document, record, and file every attempted delivery with the courts, file proof of service affidavits, and consistently communicate with you about the status of your case.
Thorough understanding of federal and state regulations
Legitimate process servers will possess demonstrable knowledge of the nuances of federal and state law, including privacy and trespass laws, process server hours of operation, and more.
When you’re determining whether or not to hire a private process server, you should be able to ask questions and receive satisfactory answers that allow them to demonstrate their legal knowledge and ability to adhere to compliance.
Transparent fees
A process server’s fees may vary based on the number of delivery attempts and methods, such as skip tracing that are used to locate an intended recipient. However, a breakdown of these fees should be transparent, and estimated costs should be available before you choose to hire a process server.
A legitimate process server won’t demand full payment before they’ve completed their work for you, and you shouldn’t be forced to pay hidden or unclear fees by a credible professional.
Firefly Legal is your premier partner to find a legitimate process server in any state.
Join our satisfied clients nationwide and partner with us to efficiently take care of your legal document delivery and additional legal support service needs.
To learn more about industry-leading, nationwide process services, partner with the best process servers available, and more, book a call with Firefly Legal today.