Who can be a process server in Montana?
The rules for process servers are set by each state. That’s why you will see completely different rules in Montana than you will see in Idaho, North Dakota, or Wyoming. Of these neighboring states, only Montana requires professional process servers to be licensed by state authorities.
Here are some basic rules governing who can be a process server in Montana.
- Age requirement: Must be of legal age (18 years or older)
- Residency: Must be a resident of Montana for one year immediately preceding registration
- Relationship to case: Cannot be a party to the action
- Licensing/Registration: Must register with the Board of Private Security if serving more than 10 processes per calendar year
- Criminal record: Cannot have been convicted of a felony
- Bond requirement: Must provide a surety bond of $10,000 for individual/$100,000 for firm
- Competency: Must pass exam based on process server handbook
- Exemptions to registration requirements: Sheriffs, constables, coroners, elisors, government employees acting in course of employment, and licensed attorneys are exempt from the requirement to register
Additional rules for Montana process servers
In Montana, personal service requires the server to be within normal speaking distance, as opposed to being far enough away that you have to shout to be heard. The server must inform the person of the nature of the documents.
Ideally, documents will be left with the person, but they can also be left near the person if the individual refuses to accept them. There is no specific requirement that the server physically touch the person or that the individual physically takes the papers from them.
- Time of service: Can be made 24 hours any day of the week, though discretion is advised for late-night service, as it can be risky for the server
- Service documentation: Must provide date, time, place, and manner of service
- ID requirement: The server must display ID card and process documents upon request
- Verification: Must verify the person being served is the intended recipient
Other rules include:
- When serving a minor under 14 years old, service must be made to their guardian if they have one in the state. If not, then to their father/mother or the person/agency that is responsible for the minor.
- For corporate service, if no corporate officers can be found in the county, service can be made by leaving a copy at any office of the corporation with the person in charge.
- If a person refuses to accept restricted delivery mail or commercial delivery, that refusal actually constitutes delivery and can serve as evidence of service.
- For service on mentally incompetent persons, if both a general guardian and guardian ad litem have been appointed, both must be served.
- Process servers must return served documents to the court within 10 days if service was made in the same county as the action, or within 20 days if service was made outside the county.
- When serving documents, the server must explain the general nature of the documents, but should avoid counseling the defendant and may suggest they contact a lawyer for questions.
- A process server may charge a fee for transportation and other costs when serving papers, but they must receive payment before being required to serve the documents.
- Process servers must display both the documents being served and their identification card if requested by an interested party during service.
For government entities, service must be made to any commissioner, trustee, board member, mayor, or head of the legislative department.
Return of service by a process server is considered “prima facie evidence” – meaning it is accepted as true unless proven otherwise.
Who do Montana’s process servers work for?
People sometimes think that process servers only work for lawyers. It’s true that the bulk of a process server’s work may be for attorneys, but there are many other organizations that hire process servers to do important work.
You’ll find Montana’s process servers working throughout the state for a variety of entities, including:
Government agencies and municipalities: Local and state government organizations will often use process servers for public communications when they need to deliver legally binding documents, including:
- planning commission notices
- tax assessments
- lawsuits
- complaints
- Petitions
Insurance companies: Insurers may choose to work with a process server when they need to deliver legal documents, which could include:
- service notifications
- examination requests
- claim determinations
Property management firms: To ensure full compliance with the rules of tenant interactions, some firms will use process servers to deliver notifications of lease violations or eviction orders.
Debt collection agencies: These organizations benefit from hiring process servers, as the server’s work maintains compliance with consumer protection laws. Notifications may include property infringement and contract breaches.
Private investigators: Some PIs serve as process servers, or they may work with a server to guarantee that evidence is properly entered into the legal record.
Private citizens: Individual citizens may use process servers when they choose to navigate the court system on their own. For example, an accident victim may sue the at-fault party without using a lawyer. This victim could hire a process server as a neutral third party to deliver legal documents to the defendant.
Firefly Legal can match you with great private process servers in Montana
We are proud to offer our clients in Montana with a nationwide network of process servers. Whether you need to serve process within the state or anywhere in the country, we have you covered. Our servers meet all the legal requirements for providing the service of process, in addition to being professional, courteous, and attentive to detail.
This is what you can expect when you work with Firefly Legal:
Excellent, Professional Service of Process
Experienced, knowledgeable servers go above and beyond to ensure that their work is done with excellence. These are the kinds of process servers we work with at Firefly Legal.
Our servers provide:
- Comprehensive understanding of Montana’s process serving rules
- Deep knowledge of when to use different service methods, depending on the circumstances of the case
- Handling of both simple and complex service needs
- Confident handling of service in all types of Montana residences and businesses
Clear Communication and Documentation
- Proof of accurate service of process—every time
- Filing of affidavits and court documents
- Detailed status reports for successful and unsuccessful service attempts
- Explanations of any challenges to service
Proficient Technology Use
- GPS-verified tracking of service attempts, reported in real-time
- Secure digital storage for service records
- Digital documentation of service
- Updates submitted to Firefly Legal’s user-friendly app
- Mobile status reports
- Electronic filing integration
Understanding of Special Service Requirements
Montana’s process servers need to understand special service requirements, including:
- Rules for serving minors and incompetent persons
- How to handle interstate service requests
- Appropriate channels for serving state and local government entities
- Other unique circumstances
Professional Standards and Accountability
- Strict adherence to all Montana service of process requirements
- Detailed record-keeping for every attempt
- Fast response times to questions
- Timely court filings and documentation
- Participation in ongoing training opportunities
- Active in professional legal networks
- Commitment to maintaining high service standards