Process servers play an essential role in the American court system. Thousands of people in the US are employed as process servers, contributing to the legal right to due process.
A process server is a neutral, third-party individual whose job is to transfer legal documents to receiving parties.
To understand the role of a process server, it is helpful to also know about due process and the service of process. These important legal concepts play an important role in the day-to-day work of a process server.
- Understanding Due Process & the Service of Process
- Can anyone be a process server?
- How to Hire a Process Server
- Contact Firefly Legal to Hire the Best Process Servers in Your Area
- Frequently Asked Questions
- What happens if a process server serves the wrong person?
- Can a process server lie about who they are?
- Why do people avoid being served?
- Do process servers track people down?
- What is a local process server?
- What is a private process server?
- What if the service of process isn’t done correctly?
- What proof does a process server provide after serving documents?
Understanding Due Process & the Service of Process
Due process is the constitutional right awarded to everyone in the US, which is that no one can be deprived of life, liberty, or property without the proper legal process being followed.
Service of process, then, is the act of delivering legal documentation directly to defendants, witnesses, plaintiffs, and other parties involved in litigation.
The essential role of process servers
Process servers do more than just ensure that due process is upheld. The job of a process server accomplishes so much more.
- Process servers provide legal notice to defendants. Officially notifying defendants that they are being sued is the first step toward legal resolution.
- The service of process sets the legal timeline in motion. At the point that a server delivers a defendant’s legal documents, the countdown begins for that defendant to respond by a set deadline.
- Process servers prevent default judgments. Defendants who are not properly served may be unaware of the case against them and therefore fail to respond. These default judgments can lead to a complicated and expensive legal battle for everyone involved.
Can anyone be a process server?
As of 2021, there were close to 9000 process servers in the US. Each state sets its own rules for who can be a process server and what their job looks like.
In most states, process servers must:
- be at least 18 years old
- adhere to any state licensing guidelines
- not have a felony conviction on their record
State requirements for process servers
According to information gathered by the National Association of Professional Process Servers, each state has its own guidelines for who can be a process server and what kind of licensing is required. Not all states require licensing.
- Alaska requires process servers to obtain licensing, pass a written application, and post a $15,000 surety bond.
- In Arizona, process servers must be 21 years old, have lived in the state for at least one year, and pass a written exam to qualify for licensing.
- California offers licensing to those serving more than 10 papers in a year. Residency for at least one year is required, and applicants must post a $2,000 bond or a cash deposit. No exam is needed.
- In Florida, some counties require the sheriff’s appointment for process servers. Licensed servers must be 18 or older, Florida residents, pass an exam, and post a $5,000 surety bond.
- Illinois doesn’t mandate licensing for process servers, but licensed Private Detectives can serve throughout the state, excluding Cook County. Serving in Cook County requires a special appointment. Individuals over 18 can be court-appointed.
- Missouri process servers must complete a training course, pass a written exam, be 21, hold a high school diploma or GED, and carry Errors & Omissions insurance with $100,000 coverage.
- Montana only requires licensing for process servers handling more than 10 papers annually. A $10,000 surety bond is necessary, and firms must post a $100,000 bond on behalf of their servers. A written exam is mandatory.
- Nevada mandates process servers to be 21, have 2 years of industry experience (education and employment combined), and carry a $200,000 insurance. A $750 deposit, background check, and application fees up to $1500 are required. Some may face an oral exam along with a written one.
- New York City process servers, covering Manhattan, Brooklyn, the Bronx, Staten Island, or Queens, need licensing from the Department of Consumer Affairs, without requiring insurance, bonding, or testing.
- Oklahoma process servers need a $5,000 surety bond, a $35 licensing fee per county, or a $150 fee for a statewide license. No exam is necessary.
- Texas process servers must complete an approved course, submit fingerprints to the Texas Department of Public Safety, and pay a $200 application fee. This is applicable for first-time licensees under Rules 103 and 536(a) of the Texas Rules of Civil Procedure.
- Washington process servers register with the county auditor, paying a $10 fee. No tests or bonds are required.
How to Hire a Process Server
When it comes to hiring a process server, you can hire a series of individual servers, or you can contract with a legal company that provides you with on-demand process servers who are ready to take action as soon as you need it.
Hiring a process server is straightforward, but it’s important to get it right.
Start by researching the process-serving companies in your jurisdiction, and checking out their reviews, services, and pricing. Once you have narrowed down your options, contact your chosen company to discuss the specifics of your case or your ongoing needs. A reliable process server will be able to guide you through the necessary details, including any legal requirements and potential challenges.
Speaking of high-quality process servers, Firefly Legal has a reputation for excellence, professionalism, and accuracy–nationwide.
What your process server will do
Once you hire a process server, what does their work look like? How do you know what to expect from your process server? Let’s go through a step-by-step overview of a process server’s work.
1) Legal Document Preparation
Before you work with a process server, everything starts with the preparation of legal documents, such as summonses, complaints, subpoenas, court orders, and other types of resources.
2) Hiring a Process Server
The initiating party (plaintiff) hires a process server to deliver the legal documents to the individuals who are named in the case (typically the defendants, but this may include additional parties as well).
3) Verification of Legal Requirements
The process server or the firm that employs them verifies the legal requirements for serving documents in the relevant jurisdiction. This includes understanding who can be served, the acceptable methods of service, and any specific rules governing the case.
4) Locating the Recipient
Some service recipients are easier to find than others. The process server researches to locate the recipient, using public records, databases, surveillance, or speaking with neighbors and associates. Sometimes, they have to engage in skip tracing, which is a more in-depth search process.
5) Timing and Planning the Method of Service
Your process server determines the appropriate timing and method of service based on the legal requirements and the specific details of the case. Methods may include personal delivery, leaving the documents with an official representative, or even certified mail.
6) Service of Process
After all of the prep work, it’s time to deliver the documents to the intended recipient! This can occur at home, the workplace, or any other public location and some private locations.
7) Provide Proof of Service
After serving the documents, the server completes an affidavit or proof of service report. This document details when, where, and how the service was performed. This is a crucial part of the legal record. In some circumstances, it will be filed with the court.
8) Wrap Up
After serving process, the server will return any additional legal documents to the initiating party or their lawyer, file the affidavit with the court as required, and close the service of process order according to state guidelines and company policy.
Contact Firefly Legal to Hire the Best Process Servers in Your Area
Serving legal documents is an essential part of upholding due process rights and keeping cases moving forward efficiently through the justice system. Because process servers take on significant responsibilities, they must have specialized knowledge to carry out service legally and effectively.
Rather than trying to identify and hire process servers on your own, partnering with an established company that specializes in the service of process is the best approach. An experienced provider like Firefly Legal has dedicated teams of knowledgeable process servers across the country who are ready to step in whenever you need support.
Contact Firefly Legal today to learn more about how our nationwide network of professional process servers can meet your unique service of process needs. Our expertise in this area of law means we handle all the specifics for you, while also keeping you informed.
Frequently Asked Questions
What happens if a process server serves the wrong person?
If a process server gives legal papers to the wrong person, the other side can challenge the service. This might force the legal team to start over and could even make you lose any favorable rulings you had before.
Can a process server lie about who they are?
No, a process server cannot lie about who they are. They must be honest about their identity and the reason for their visit. They cannot pretend to be someone else, like a police officer or a friend.
Why do people avoid being served?
People often try to avoid being served because being sued can be stressful and costly. It usually means dealing with a legal case that can cause a lot of trouble and expense.
Do process servers track people down?
Yes, process servers do track people down. They often need to find individuals who are trying to hide or avoid receiving legal papers.
What is a local process server?
A local process server is someone who delivers legal documents within a specific area or neighborhood. They handle serving papers to people within their local region.
What is a private process server?
A private process server finds people who need to receive legal papers and ensures the papers are delivered correctly. They might visit homes or businesses to serve the documents and check the person’s identity before handing them over.
What if the service of process isn’t done correctly?
If service of process isn’t done according to the legal requirements, the defendant may not be properly notified, and the court might dismiss the case or delay proceedings. This is why it’s essential to hire a qualified process server who knows and follows the local rules and regulations.
What proof does a process server provide after serving documents?
After serving the documents, a process server provides proof of service, typically in the form of an affidavit or a return of service, which details when, where, and how the documents were served. This proof is then filed with the court to show that the service was completed according to legal guidelines.
