Tips from Top Process Servers to Ensure You're Being Properly Served

Summary

Process serving is an important part of the legal system, and it requires special knowledge and expertise to be done correctly. Process servers must deliver legal paperwork such as subpoenas, summons, complaints and court orders to the appropriate person in a timely manner, in accordance with the laws of the particular jurisdiction.


A professional process server must be knowledgeable of the process serving laws in their jurisdiction, and must be able to identify the target, approach the target in a professional manner, confirm the identify of the target, and provide an accurate document exchange. They must then provide proof of service by filling out an Affidavit of Service.

There are various tips to look for when hiring a process server, such as making sure they are experienced, familiar with local laws, and have a good reputation. Additionally, they should be aware of different methods of service and know when to use them. Additionally, reliable process servers will always provide proof of service by filling out an affidavit.

It is important to choose an experienced and reputable process server, as they will ensure that the documents are delivered properly and in accordance with the law. Additionally, they should always be able to provide evidence of service in the form of an Affidavit of Service.

When selecting a process server, it is important to research their experience and reputation to make sure they are qualified and can be trusted. They must also be familiar with local laws and regulations related to process serving. Furthermore, they must be knowledgeable of different methods of service, and be able to choose the most appropriate method depending on the situation. Finally, reliable process servers will always provide proof of service in the form of an Affidavit of Service.

Process serving is an essential part of the legal system, and it requires special knowledge and expertise for it to be done correctly. Businesses and law firms should choose an experienced and reputable process server to make sure the documents are delivered properly and in accordance with the laws of the jurisdiction. This could save considerable time, money and hassle if the documents are properly handled. The process server should also be able to provide evidence of service in the form of an Affidavit of Service. When selecting a process server, researching their experience, reputation and knowledge of local laws is essential. This will ensure that the documents are delivered correctly, on time and in accordance with the law.
 

What are the Process Servers?

Process servers are individuals that have been appointed to serve decisions, legal documents, and summons to defendants in legal cases. They are responsible for making sure that the appropriate people have been notified of the start of legal proceedings against them. Process servers are required by law to serve documents to the right individuals under the right circumstances.
 

Who Can Serve Legal Documents?

In many states, only licensed process servers are allowed to serve legal documents. These process servers must be qualified by taking an approved training class and passing a certification exam. It is important to note that many states also require process servers to register with the county or city in which they serve the documents.
 

What are the Requirements for Serving Process?

In order for a process server to properly serve legal documents, they must have a valid identification card. Additionally, process servers must follow the state laws to serve the documents. Depending on the nature of the document, process servers must provide written proof that the documents were served. This may include a signed affidavit or an official document with a notarized signature.
 

What are the Benefits of Hiring a Process Server?

Hiring a process server is beneficial because it eliminates the risk of not properly serving the document. Process servers are typically well-versed in the legal process and can ensure that the defendant is properly served. Additionally, they can advise the litigant on the best way to handle the situation.
 

What Happens if the Process Server Can't Locate the Defendant?

If the process server is unable to locate the defendant, they may be able to obtain a court order to serve the documents to another party. This is known as substituted service. In some cases, the process server may also use alternative methods of service such as posting the documents on the defendant's door or publishing the documents in a newspaper.

<<Process servers "deliver documents from point A to point B," described Crowe. Hired by attorneys or private individuals, they also prepare a certificate or affidavit of service and sometimes file the same with the appropriate court. "Process servers provide an integral part of the justice system," said Sheila Cahill, experienced process server and Treasurer, Web Administrator, and Membership Coordinator of the Arizona Process Servers' Association. "A lot of people get into this business because there is a certain kind of freedom to it," said Crowe. "You can [largely] pick the time and place to do it, and you don't have to answer to anybody other than the client." But the job has its challenges, like "trying to get those who run," Cahill recounted. There are also wide discrepancies in how different jurisdictions treat the profession. In some states, like Arizona and Montana, process servers must be licensed and undergo training and testing to prove knowledge of relevant laws. Many states have set residency and age requirements. Other jurisdictions barely regulate the profession.

Service of process is quite a significant step in civil litigation. "If you don't have valid service of process, you don't have a case." said Crowe. "The client is out the door, and…the courthouse door may be shut in the person's face." The consequences may indeed be dire: one needs only to thumb through a casebook on civil procedure to find a myriad of opportunities lost due to faulty service. Yet this important step often doesn't get the precise attention it needs. Before serving process, consider the following practical tips from our experts:


 

• Be familiar with your jurisdiction's rules. "All of the process server rules vary by state, sometimes drastically," said Cahill. Among other issues, research your state's laws on what constitutes process, what is proper service of process, who must serve, to whom service may be made, and under what circumstances you may serve by substitute service or publication. "Get out the rules of procedure for serving process in your state, read them, and understand them," recommended Crowe. "Go to the annotated statutes, and read the cases after them as well," to see how courts have interpreted laws.


• Be careful when serving in another jurisdiction. "A problem [may] arise when someone in another jurisdiction sends documents to serve," Crowe explained. Generally, "the laws of the forum court prevail, not the laws of the state in which service is made," said Crowe, but some states provide that the serving party may choose between the rules of the forum and the state where process is served.


• Give the job to someone who's qualified and trained. Many states require that service be made by a constable or professional process server, while others allow any non-party over the age of 18 to serve, and some even permit attorneys and their employees to deliver the documents. Whoever serves process should be well versed in the procedural rules and considerations behind the task.


• Research process servers in your area. "Definitely contact a licensed process server when possible," said Cahill. "See if the courts keep a licensed list." You may also turn to process servers professional associations in your area or contact NAPPS directly. It is a nonprofit organization that keeps a national list of qualified process servers, in addition to a comprehensive list of laws behind service of process by jurisdiction. When all else fails, said Crowe, "if there's no other information, the best information you can get is longevity in the business" and favorable referrals from other firms.


• Document everything. While required proof of service is often limited to time, place, documents, and the person served, it's a good idea to jot down more detail. "Where a defendant is contesting the validity of service, the process server and defendant [each] testify as to what they did," explained Crowe. This sometimes turns into "a swearing match as to whom you believe." When the process server keeps notes of the party's physical attributes, the environment and surroundings, and other distinguishing information, it is "a lot easier to prove that this was a person you served," advised Crowe. After all, as one law professor put it: you don't want to end up in the casebook.