For 40 years, Lawrence Ryan Investigations has been offering a variety of investigation services, including missing persons, corporate investigations, asset searches, and background checks, among others.
Process serving is an essential service we provide to both individuals and law firms. Each month we will serve between 50 and 100 people.
Over the years, we have found that people tend not to have a clear understanding of what is a process server.
More importantly, few people completely understand what a process server can and can’t do.
In this article, we are giving you all the details like:
- What is a process server
- What’s the connection between process serving and legal proceedings
- What can a process server do
- What limitations do they face
- The most important things to consider before hiring a process server
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What Is a Process Server?
A process server is a person who delivers court documents and other types of legal paperwork, informing individuals they are involved in a court case.
In simple terms, it is a messenger system to notify individuals through the ability to effectively deliver legal documents.
But a skilled process server is more than a simple messenger. Their role within the legal system extends to other essentials.
You have process servers that will knock on a door a couple of times and then give up.
Skilled and persistent individuals go above and beyond to make sure someone gets served while not harming the ongoing legal matter.
What is the role of a process server?
A process server delivers legal documents like summons or complaints. Their job is to make sure you get proper notice about a legal action. Process servers play a critical role in the legal system and must follow strict rules when serving papers.
What Can a Legal Process Server Do? Learn About the Role of Process Servers
The process server’s role often encompasses all of the following:
- Filing court papers
- Serving legal documents
- Document retrieval
- Serving papers to a person involved in a court case
The process server offers a personal service, meaning that they will receive the legal documents from the client or law firm and then deliver them in person to the defendant.
Once they give the documents to the defendant, they have to prove with evidence that the defendant received the documents. This part of the process server’s job is called an affidavit of service or proof of service, and it has to be notarized and given to the entity that hired the process server.
The documents must be served personally, yet there are two other main methods of service: substituted service and service by publication. The substituted service is the method used when the server can notify a person indirectly by giving the document to another court-approved friend or family member.
Legal documents process servers serve:
- Divorce papers
- Custody papers
- Eviction notices
- Restraining orders
- Court summons
- Notices of being sued
- Subpoenas
All these legal papers fall into four categories: writs, subpoenas, summons, and complaints.
Why would a process server be calling me?
They’re likely trying to serve legal papers for a court case. A process server may call to confirm your location or explain that you need to receive a legal notice as part of the legal process.
Why Is the Service of Process Valuable? The Intricacies of Court Proceedings
At the beginning of any civil lawsuit or legal case, the most necessary action required is the service of process. Not only is it essential to proceed to follow all the legal steps, but it is also needed to ensure due process of law.
If the documents are not served properly according to the law, the case can be compromised, so can the person in charge of serving the papers. The service process has its specifics, which is why it needs to be handled by an experienced professional.
What Process Servers Can’t Do
You can read the official civil procedures for how a process server should be managed at Uscourts.gov.
In each state, the laws regarding process serving, who can be a process server, and what a process server doesn’t do are different. Legal documents deliver more clarity on the role of a process server
Some require the process server to be 18 years old and not involved in the case. Other states need them to be registered, certified, and licensed. It is up to the server to stay up to date on all laws in their state.
Many private investigators also work as process servers. Since the regulations change between states and are regularly revised, the individuals who work as process servers must be up to date with the laws of their state.
Knowing all of what process servers can do is useful, but it is as important to know what they can’t do. In some states, you are not allowed to serve on Sundays and holidays.
Process servers have no authority to do the following illegal actions:
- Check the person’s mailbox, or go through it
- Attempt to be someone else
- Pretend to be a police officer or government official
- Break-in
- Trespassing
On no occasion can the server commit any of these illegal actions to serve a defendant.
Should I ignore a process server?
No, ignoring a process server won’t stop the legal process. Even if you avoid them, the court may allow other ways to serve documents. If you’re unsure why you’re being contacted, get legal advice.
How to Hire a Process Server – The Basics
To hire the best process server, pay attention to the following:
Licensed
Process servers often need to travel between states. Depending on regulations, they’ll likely need licensure in each state they plan to deliver legal services.
Bonded
Bonds guarantee that servers carry out their duties in compliance with all state laws and regulations. States, other municipalities, and individuals can sue on the bond.
Insured
Process servers can purchase insurance that protects them and their employers against lawsuits. While not always mandated, it does show responsibility and a professional attitude.
The National Association of Professional Process Servers website can verify these credentials.
Process Servers Also Need to Prioritize Work Ethic
Legal process servers often run on tight deadlines when they have to serve someone. The process server’s schedule can affect time-sensitive subpoenas and your legal challenge.
You need to find a server that takes initiative. Freelance servers work on their own schedules and sometimes push jobs back when higher-paying jobs arise.
Find someone with a high work ethic who’s committed to your job.
Process Service Experience
The best process servers have worked in the business for years. They know how to find and handle difficult defendants or other case-specific people.
Servers need to track people down, correctly identify them, and then serve them without causing a scene. Always check if the process server has both prior experience and success.
It’s also important to ask for recommendations. It’s likely your friends, family, and business associates have used process servers in the past.
How Much Does It Cost to Hire a Process Server
Can a private investigator be a legal server?
Yes! A private investigator (PI) can serve legal papers if they meet the rules for process servers in their state. Many PIs are hired to serve documents because they’re good at finding people and handling tricky cases.
As we mentioned above, different servers charge different prices. Likewise, different process server companies also charge different rates. Though rates usually vary more based on your job’s difficulty.
Rush service always costs more than standard service. Service that involves hard-to-find people might also cost more money.
In certain circumstances, some servers might decline to take your job at all.
The job of a process server is not easy. It may be dangerous in some cases, which is why all cases must have the most experienced professional server. Any little mistake the server commits can profoundly affect the case.
Hiring a professional and experienced process server will assure you of the security of having the papers legally served and on time. It will also give you the certainty that the documents will be served no matter how difficult the situation is.
Having an excellent process server could be a success in your case, but hiring a lousy server can even make your case dismissed.
Need an Investigator for the Delivery of Court Documents?
Our licensed investigators at Lawrence Ryan Investigations can help you find the information you seek when it comes to identifying the best servers in the legal system.
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