When legal documents need to be delivered swiftly, securely, and according to the law, process servers play a vital role. But if you’ve started looking into hiring one, you may have come across two different terms: certified process server and professional process server. Are they the same? Do you need one over the other?
While they may sound interchangeable, there are key differences between the two—and understanding those differences could impact the success and legality of your case.
What Is a Process Server?
Before we get into the differences between a certified vs a professional process server, let’s explain the basic job of a process server. It’s an individual who delivers legal paperwork and then provides notarized proof of service of the delivery.
The papers that a process server delivers are usually legal documents, such as:
- Divorce papers
- Custody papers
- Restraining orders
- Eviction notices
- Court summons
- Lawsuits
- Subpoenas, complaints, and writs
County sheriffs can serve documents as process servers, but there are also private companies you can hire to serve your papers. Asking the county sheriff might be ideal for some cases, but sheriffs are very busy with other duties and rarely have the time to commit to serving someone if they’re hard to track down.
Other Process Server Duties
Many private process servers do more than just deliver documents, however. They also conduct research and assist lawyers with finding the individuals that need to be served papers—as sometimes these people can be hard to find.
Some process servers also offer document retrieval services. These services involve getting a hold of documents lawyers need for legal cases, such as medical records, contracts, or other documents that can sometimes be tedious to acquire.
Understanding Certified Process Servers
Some states require process servers to have certification, meaning they’ve met certain legal and professional standards. Certification usually requires registration with the county or municipality and passing some kind of exam or proof of specialized training.
In order to remain certified and keep serving legal documents, these process servers must renew their training periodically as well. They’re also sometimes required to carry insurance to operate a process serving business.
Why do some states require certification and others don’t? Courts in almost every jurisdiction aren’t allowed to rule on a legal case pertaining to an individual if that individual wasn’t made aware of it. For some states, it’s enough to have a specific procedure dictating how papers must be served and when they can be used for court. For others, the procedure’s not enough, and the process server has to be certified too.
States with Process Server Certification or Licensing Requirements
According to the National Association of Professional Process Servers, the states that require a license for process servers are:
- Alaska
- Arizona
- California
- Illinois
- Montana
- Nevada
- Oklahoma
- Texas
- Washington
The City of St. Louis, Missouri, and the City of New York also require process servers in their jurisdictions to have a license or certification. Certain counties in Florida also require judges to grant certification to individuals appointed to be process servers.
Understanding Professional Process Servers
A professional process server also specializes in delivering legal documents, but may not necessarily be certified. This is because many states don’t have certification available for process servers, and simply require the delivery and filing of court documents to adhere to certain rules.
Professional process servers have the same qualifications as certified process servers; they don’t possess certification of licenses because the jurisdictions they operate in don’t require them.
Other key characteristics of professional process servers are:
- Deep legal knowledge: Process servers understand the legal requirements and nuances of delivering and filing court documents.
- Following regulations: Sticking to legal procedures is a key part of being a process server—it’s what makes them specialists.
- Experience serving papers: Professional process servers have encountered difficult situations when serving papers, such as defendants who get angry or frustrated.
- Research skills: An individual or firm that specializes in professional process serving usually also helps attorneys track down defendants or respondents that are hard to find.
- Efficiency: Qualified process servers typically serve documents as their full-time job, meaning they have the time and resources to devote to serving documents for their clients.
- Expertise: Professional process servers can serve papers in residential buildings, government offices, and other specialized settings.
Key Differences Between Certified and Professional Process Servers
There’s significant overlap between certified and professional process servers, however it’s important to note a few important distinctions:
- All certified process servers are professionals, but not all professional process servers are certified.
- Certification or licensure is a specific state requirement. Being a professional process server means being specialized in this field.
- Professional process server firms might employ certified process servers to ensure their services are legally compliant.
When to Choose a Certified vs a Professional Process Server
Whether you hire a certified process server or professional process server depends on the rules of the court hearing your legal case. If the court is in a city, county, or state that requires certification for the delivery of legal documents, you must choose a certified process server.
When the jurisdiction of your court case doesn’t require certification, hire a professional process server. Although they might not be certified, they have the expertise and specialized skills to handle sensitive situations.
Get the Right Process Server for Your Legal Needs
Your process server should be someone you can trust to do the job efficiently and in compliance with legal requirements—whether they’re certified or not. You can’t afford delays in your legal case and an unqualified process server can slow everything down, costing you time and money.
Since serving court papers is highly regulated in most states, you should rely on a process server with years of experience. At Firefly Legal, we’ve been assisting attorneys with process serving and legal support services for nearly three decades.
We’re present nationwide, working with fully vetted process servers who understand and stay current on civil rules of procedure in their jurisdictions. All of our process servers carry certification in the jurisdictions that require it as well.
Firefly Legal values transparency, reliability, and responsiveness, letting you track the progress of your documents via real-time updates on our online platform. To learn more about our services, which also include skip tracing and document retrieval, request a quote and we’d be happy to discuss how we can help you.
