Imagine this: you’ve filed an important legal case—maybe a divorce, a custody dispute, or a civil lawsuit—and now it’s time to serve the other party with official papers. You expect it to be a simple step in the process. But then the person can’t be found. Or worse, they know what’s coming and start dodging every attempt to deliver the documents.
Now the case is stalled, deadlines are looming, and you’re left wondering what to do next.
This is when the court may allow, or even require, the use of a special process server, someone with the skills, focus, and persistence to get the job done when standard service just isn’t enough.
Let’s explore what a special process server is, how they’re different from a regular process server, and the situations where hiring one can make all the difference in moving your case forward.
What Is a Special Process Server?
A special process server is usually specialized in one area of law or a particular type of case. They still deliver legal documents like regular process servers, but they usually have specific experience and are privately employed.
Let’s look at the key distinctions between special process servers and regular process servers.
Specialization by Area of Law
A process server can deliver documents for all types of legal cases, but a special process server picks one area of law or specific types of documents to focus on. A process server specialized in family law, for example, would probably have a great deal of experience serving divorce or custody papers.
Why would it matter if your process server has delivered divorce papers before? Some family law cases can stir up emotional reactions, especially in divorce or custody cases. The respondent may react negatively and make a scene or even threaten the process server.
Gaining the skills to diffuse a situation like that, while still delivering the documents correctly, takes experience. Special process servers gain this experience by focusing on one type of case—this narrow focus is what makes them experts.
Privately Employed
Process servers can either be publicly or privately employed. Public process servers work for either the courts of the sheriff’s office. Often, serving papers isn’t their only task. They have to juggle serving documents to defendants or respondents with their other duties and can only attempt to complete serves during business hours.
Private process servers, on the other hand, are usually either self-employed or work for a process serving firm. They usually have fewer restrictions on their time than public employees, meaning they can work on nights and weekends to deliver legal documents. They also tend to work as process servers full-time, so they don’t have to fit other tasks into their schedule like public employees do.
Court Approval
Sometimes, when a person really can’t be tracked down and there’s no way to find them to deliver legal papers in person, you have to use alternative methods of service. The courts may allow you to send the document via the postal service or by publishing it in the local newspaper. If you choose an alternative method like this, the court will have specific instructions for you to follow.
A special process server will know how to get court approval for an alternative service method and even which approach best applies to your case. They can recommend the ideal solution for getting your papers served.
When to Hire a Special Process Server
How do you know when you need a special process server? For some legal cases, a regular process server will work but for more specialized situations, you need someone with distinctive skills and experience.
Standard Service Attempts Have Failed
If you’ve already tried once, twice, or multiple times to serve papers to a defendant or respondent with no success, you should call a special process server. The individual you’re trying to serve might be difficult to find, or knows that you’re trying to serve them with papers and actively avoids the process servers you send.
In this case, you’d need a specialist who’s willing to put in the time and research necessary to ensure this individual gets served. Hiring someone to simply deliver papers isn’t enough.
Expedited or Flexible Service
You might be trying to serve an individual who’s never at home during the day due to their work hours but you can’t or don’t want to serve them at their workplace. You’d need a process server with more flexibility to be able to serve this person in the evenings when they’re more likely to be at home.
For some cases, you might also need papers to be served quickly. You don’t have the time to wait for the sheriff’s office to work through their list of service requests and finally make it to yours—you need it done as soon as possible. A special process server would be a better choice for the job.
Dealing with Evasive or Hostile Individuals
Some people really don’t want to be served with legal papers. When a process server approaches them, they become hostile or aggressive. Someone from the sheriff’s office could be well-equipped to handle this situation, but a special process server would also have the experience to deal with difficult individuals.
If your defendant or respondent tries to avoid the process server or refuses to see them, you’re better off working with someone who’s more experienced. A regular process server might give up on finding your individual after one or more service attempts. A special process server will make sure the job gets done.
The Considerations and Costs of Using a Special Process Server
One thing to keep in mind when hiring a special process server is the cost. You’ll probably have to pay more than you would for a regular process server. The fees for private process servers tend to be higher, and you may have to file a motion to appoint a special process server, which costs a small court fee. For urgent matters that require expedited services, you may also have to pay an additional fee to a process server.
Although a special process server might cost you more upfront, it could end up being a better value for you. Waiting weeks for the sheriff to get your papers delivered can significantly delay your case, which can also be costly. A special process server can finish the job quickly and keep your case on track.
Work with a Skilled Process Server
While a regular process server may be sufficient for straightforward cases, there are times when you need a specialist, someone with the experience, flexibility, and determination to get the job done right. A special process server offers just that. When you’re dealing with a time-sensitive case, an evasive respondent, or emotionally charged legal matters, their focused expertise can make a meaningful difference.
The next time you need a special process server, reach out to Firefly Legal. We work with specialists nationwide who have the skills and experience needed for specific situations. All you have to do is contact us with your needs, and we can provide you with a quote and get our process servers on the job immediately.
Don’t wait around for the sheriff’s office to serve your documents when every day of delay is costing you money. Contact Firefly instead. Request a free quote today.
