Process Server Not Working? What You Can Do About It

When a lawsuit is initiated against an individual, the court first serves a legal document to notify them of the possibility of their involvement in a court case. Process servers act as messengers of the court to serve these documents, allowing all parties to be informed, respond, and participate properly in the legal proceedings. Process servers typically work during business hours but may also serve papers on weekends or holidays, depending on the recipient’s availability.

Just as the work of a process server significantly impacts the success of a legal proceeding, the inability to serve the process effectively can also interfere with the legal process. Bad or improper service can result in delays in legal proceedings, legal penalties, increased costs, damage to reputation, and even case dismissal. If a process server can’t deliver documents after multiple attempts, the court may allow alternative methods, such as certified mail, substitute service, or posting the notice on a door, and posting in the newspaper as a last resort.

At On-Call Legal Process Servers, we employ the best strategies, including sophisticated skip-tracing methods, to ensure your documents reach the intended individual. We’ve provided a free consultation service to answer any questions you may have about our service of process expertise.

In this article, we will tell you what you can do when a process server isn’t working, the consequences that can follow, and how to prevent improper service going forward.

What Happens When a Process Server Isn’t Working?

A process server is a legal professional tasked with the responsibility of delivering legal documents, such as subpoenas, summons, and court orders, to individuals involved in legal proceedings. They make sure that recipients are aware of the legal actions against them and understand how to respond to them. By providing evidence that they delivered the court documents, process servers help uphold the fairness and transparency of the legal process.

However, there are cases when a process server is unable to fulfill this primary task. This typically means they are unable to deliver the necessary documents to the intended recipient, such as a summons or subpoena. Such failures can result in several consequences, including;

• Delayed legal proceedings: the court may hold off on a case if legal papers aren’t served correctly. This can lead to delays in hearings and trials.
• Case dismissal: if the service isn’t completed within the stipulated timeframe, the court might dismiss the case. 
• Increased cost: if the process server is incompetent and unable to serve the documents, the plaintiff may resort to hiring another server, resulting in extra expenses.
• Legal complications: Lack of proper service might mean that the defendant doesn’t get the documents and consequently, may not be aware of the lawsuit against them. This could lead to default judgment if they fail to respond.

Becoming a process server requires meeting specific professional qualifications. Generally, a high school diploma is the minimum educational requirement, but many process servers pursue additional training or certification programs to improve their understanding of legal procedures and professional ethics. Beyond legal ethics, process servers are also expected to develop strong communication skills, attentiveness to detail, and other soft skills that will enable them to carry out their duties excellently. 

Common Reasons Why a Process Server Might Not Be Working

Even the best-planned legal proceedings can face delays when process servers encounter challenges. Below are some of the most common reasons why a process server might not be working:

Wrong Address Information

Address issues are one of the most common reasons why a process server might not work. Most of the time, the process server might not have the correct or updated address for the individual being served, making it difficult to locate them. This often happens when the defendant has recently moved, used a P.O. box, or provided false information to avoid detection. At other times, recipients could be deliberately hiding or may be difficult to locate due to frequent moves or not having a stable address. 

Defendant Avoiding Service

Some defendants actively try to dodge legal papers. Process servers often have to deal with uncooperative or even aggressive individuals.  Some defendants may blatantly refuse to accept the documents, give evasive responses, they may refuse to answer the door, hide when they see a process server, some even change their routine to avoid being found. Experienced process servers often have to use creative techniques, such as surveillance or delivering documents at a workplace, to counteract these efforts.

Non-compliance

Each state has its laws and protocols regarding process serving. Some require the service process servers to possess certain licenses and experiences. In a case whereby the process server does not meet the requirements for the jurisdiction or fails to adhere to the local rules, they may end up complicating the process. The court may also render the service invalid. 

Unprofessional Process Servers
Not all process servers are created equal. Some may lack the training or professionalism needed to follow proper legal procedures, such as obtaining proof of service or respecting jurisdictional guidelines. Mistakes from an unprofessional server can lead to invalid service, forcing the entire process to start over. Always work with experienced and certified professionals to ensure your case isn’t jeopardized.

Time Constraints

Legal proceedings often come with strict deadlines for serving documents. A short time frame can make the process more challenging, especially if the defendant is being evasive or the case involves multiple parties. Typically, it takes between 5-7 days to serve a paper if the plaintiff isn’t expediting the process. Note that using rush services to speed up delivery can incur additional costs. The plaintiff must keep this in mind and ensure that the process is initiated in time to avoid hasty documentation, as this can jeopardize the case.

What to Do if Your Process Server Isn’t Working

Service of process can be a challenging task, especially when attempts to serve documents fail. If your process server isn’t working, it can lead to frustration and delays. Here are a few things you can do to get things back on track:

Double-Check Information

Before assigning a process server, ensure all the addresses and contact details are accurate. In fact, the first thing to do if your process server isn’t working is to double-check the provided recipient information. The smallest error, like a wrong address or contact detail, can cause the entire process to fail.

With that in mind, be sure to verify the defendant’s address using public records or reliable sources before assigning a server. You could also consider using a professional service to confirm the recipient’s information so that there are no mistakes or delays at the end of the day.

Hire an Experienced and Professional Process Server

If your process server isn’t working, it might be time to bring in a more experienced professional. The benefits of working with professional paralegals in service requirements cannot be undermined. When choosing a process server, look for one with expertise in federal, state, and local laws. It’s also a plus if they are licensed. Your process server should also be able to show a proven track record of successful service. Our team of legal servers are well-trained and understand the nuances of the legal system, and can help ensure your case proceeds smoothly. Contact us today to learn how we can assist.

Exploring Alternative Service Methods

When a defendant actively avoids being served by traditional means, perhaps by refusing the document or evading the process server, the court may approve alternative methods. Two common alternatives include service by certified mail and service by publication.

• Service by Certified Mail: In cases where direct service proves impossible, the legal documents can be sent via certified mail to the defendant’s last known address. For individuals, this is typically their residential address, while for businesses, it’s the primary business location or the address of the designated service agent. Certified mail provides a documented trail, ensuring that delivery attempts are verifiable, even if the defendant refuses to acknowledge receipt.
• Service by Publication: When all other methods fail, service by publication may be used. This involves placing a notice in a local newspaper to inform the defendant of the pending legal action. Although considered a last resort, this method ensures that the court fulfills its obligation to notify the defendant, allowing the case to proceed.

Requesting a Continuance or Extension from the Court

If you need more time to comply with the court order or appear on a matter, you could request a continuance or extension from the court. A continuance changes the date of a court hearing or trial to a later date. A continuance can be requested verbally during a hearing or through a written request, depending on the circumstances.

Consequences of Failed Service of Process

Proper service of process is a cornerstone of legal proceedings. A failed service of process can lead to a myriad of complications, including:

Delayed Court Proceedings

One of the most common negative effects of improper service of process is delays in the legal proceedings. This is typically how it works: If a process server fails to deliver the documents to the intended recipient, the defendant remains unaware of the lawsuit. Without their response, the case cannot move forward, resulting in unnecessary delays.

Beyond keeping you in legal limbo and unable to meet statutory deadlines, a delayed court proceeding can also tie up your resources. 

Increased Costs

A failed or bad service of process can also result in significant financial consequences for the plaintiff. For instance, if the process server isn’t able to serve the defendant with the lawsuit, the defendant may not take any action in defense. Eventually, the plaintiff may need to reinitiate the service which isn’t always a pleasant experience as it impacts their overall budget as well as timelines.

In some cases, defendants may exploit improper service by filing a countersuit, further complicating the matter and driving up legal expenses for both parties. These additional costs—ranging from re-service fees to extended court proceedings and extra filings—can quickly accumulate, making the lawsuit far more expensive than anticipated.

Legal Consequences for the Plaintiff

Improper service could result in legal sanctions, such as fines or orders to cover the defendant’s legal costs. In some cases, the court may limit the plaintiff’s ability to proceed until proper service is completed.

Potential Dismissal of the Case

The service of process is not a one-size-fits-all procedure. Each state—and sometimes individual courts within those states—has specific rules governing how service must be executed. If a process server is unfamiliar with these requirements or fails to follow them correctly, the consequences can be severe.

When a plaintiff cannot demonstrate that service was completed according to the court’s rules, the judge may nullify the lawsuit. This means the plaintiff might have to restart the entire legal process or, in some cases, lose the opportunity to pursue their claim altogether.

How to Prove You Were Not Served Properly

In the legal context, proper service means delivering legal documents in strict accordance with court rules, procedural requirements, and jurisdictional guidelines. This typically includes serving the right person, serving the right document, and ensuring the papers are served at the provided address.

A civil lawsuit is not considered valid unless the defendant receives formal notice of the lawsuit.

Legal Requirements for Service of Process

Although with a few modifications, most states align with the service of process rules of the Federal Rules of Civil Procedure.

• Timeframe of service: Jurisdictional laws often provide ample time for the serving party to deliver court documents. Most jurisdictions impose specific timeframes for serving legal documents. For instance, in California, summons and complaints must be served within three years of filing the lawsuit, whereas in New York, they must be served within 120 days of filing with the county clerk.
• Who can serve papers: To serve legal documents, a person must be at least 18 years of age, a citizen or lawful resident of the country where they’re serving papers, and not be a party to the case involved.
• Proper documentation: Once the service of process is completed, the serving party must file a proof of service with the court. This document must contain basic information about the service, including the name of the recipient, date, place, time, and method of service. This documentation must also follow jurisdictional rules and deadlines.

Common Signs of Improper Service

• Incorrect or Incomplete Information: Errors such as the wrong name or address on service forms can invalidate the service.
• Serving the Wrong Person: Serving the wrong person—perhaps due to a name similarity—can lead to improper service. Bear in mind that a family member, neighbor, or colleague cannot receive the service on behalf of the intended recipient.
• Improper Method of Service: This has to do with failing to follow the required procedure, such as leaving them without proper notice, not handing the papers directly to the intended recipient, or, in the case where personal service is impossible, using other alternative services such as certified mail and substitute service.

What To Do If You Suspect Improper Service

Before you take any further steps, speak with your lawyer. Your lawyer is in the best position to examine the situation, confirm improper service, and guide you on how to proceed. They’ll also make sure that your rights are protected throughout the legal process and represent you in court if it comes down to that.

Once your lawyer has confirmed that the service was improper, the next step is to contact the court and inform them of the issue. It’s important to notify them promptly so they can take appropriate action, such as allowing you to challenge the service.

You want to keep detailed records of all the events related to the service. Have the correct documents detailing everything, including the date, time, and location of the service attempt, as well as any interactions with the process server. If you have evidence like photos, videos, or witness statements, make sure to document and preserve them otherwise, the battle may turn against you.

With the assistance of your lawyer and the evidence you’ve gathered at hand, you should be able to successfully file a motion with the court to have the service quashed.

How to Find a Reliable Process Server?

The risks that follow an improper service or process are avoidable when you work with the right legal professionals. That’s why knowing how to hire a process server is important. If you’re looking to find a reputable and reliable provider, here are a few steps to guide your decision:

• Do Your Research – Doing your due diligence comes before every other step when looking for a reliable process server. Look out for seasoned professionals with a proven track record and reputation in the specific jurisdiction involved and who are recognized at the community, state, and federal levels. Working with this kind of professional offers you a better chance of safeguarding against improper service.
• Verify Credentials and Experience – The reliability of a process server is closely tied to its qualifications and experience. Find out if they’ve obtained the licensing and insurance requirements to operate as legal professionals in your jurisdiction. You should also ask if they belong to civil process organizations.
• Ask for References – Before going with a process server, request references and reviews from previous clients. This way, you can gather firsthand feedback and make informed judgments about the server. Don’t hesitate to ask specific questions about their experience, attention to detail, and ability to meet deadlines. Personal testimonies are a sure way to gain genuine insight into the process server’s reliability, professionalism, and track record of successful service.
• Check for Compliance with Local Laws – Ensure the process server is familiar with the rules and regulations for serving documents in your jurisdiction. A reliable process server doesn’t just follow your instructions; they understand the law—particularly local laws—and ensure that all procedures are carried out correctly.
• Evaluate Availability and Flexibility – When hiring a process server, be sure to discuss their availability, particularly if you’re working with a defined or tight deadline. A reputable process server should be able to accommodate urgent needs and work efficiently to meet those deadlines. Be cautious of servers who promise quick delivery without being able to back up their timeline, as this could ultimately jeopardize the entire process. A reliable process server will ensure they are available and flexible enough to handle your specific requirements, even if the timeline is short.
• Look for Transparency in Pricing – The fees for process serving often vary widely based on the geographic location in question. For instance, it costs between $40 to $200 to hire a process server in California; this, of course, may be different in another state. A trustworthy process server will be forthright about the pricing, allowing you to make an informed decision without financial surprises. A reliable process server should be able to provide a clear breakdown of costs upfront without hidden fees. You want to be in a position where you can afford to pay your bills.
• Assess Communication Skills- A process server may have a good reputation, affordable pricing, and offer transparency but cannot communicate clearly with clients. Communication is invaluable to the success of a service or process, and as such, you should look for an individual who possesses excellent communication skills. Most professional servers design their services in a way that lets their clients monitor progress electronically; you may want to consider that. 

How Long Does a Process Server Have to Serve Papers?

Time factor plays an important role when it comes to serving legal documents. And while timelines can vary by jurisdiction, some general principles apply across the United States. Typically, it takes about 5-7 days to serve papers.

After receiving the documents, a process server will usually make the first attempt to serve them within 24-48 hours. If the first attempt is unsuccessful, they will continue with additional attempts over a specified period, usually 3 to 4 attempts, to ensure proper service is completed.

For more urgent cases, expedited services, also known as rush services, are available. With this option, you can expect the document to be delivered within 3-5 days from its receipt.

There’s also the option of same-day services for cases requiring urgent attention. If you need to serve someone as soon as possible, this option is best; keep in mind, though, that it generally costs more than routine or expedited services, as is expected. Also, it may not be feasible if the request is made late in the day.

Several factors can influence the time frames for serving papers, including:

Types of service of process: The time required to serve different legal documents, such as a subpoena or a summons, may vary. For example, some documents may require personal delivery, while others may allow for service via alternative methods, such as certified mail or substituted service.

Availability of the recipient: If the intended recipient is available and responsive on the server’s first visit, the process of service is likely to be successful.

Location of the recipient: The time frame for serving papers can vary depending on the location of the recipient. International and urban service usually takes longer than local service since they may require extra-legal steps and longer travel distances.

Need Experienced Process Servers for Your Case?

Proper process serving is crucial in ensuring that justice is served. It guarantees that all parties involved in a case are given a fair chance to defend themselves. To avoid complications from failed service, it’s essential to hire a skilled process server. If you’re looking for a trusted process server in California, On-Call Legal Process Servers are your best bet. We specialize in making the service process seamless and efficient, ensuring timely service of documents in full compliance with all legal requirements. Contact us today!