Who Hires Process Servers?

In a legal proceeding, proper notification to other parties is not a courtesy; it’s a legal requirement. Whether you’re filing a lawsuit, divorce, eviction, or inviting a witness to testify in court, the court requires that you officially notify the parties involved in the case. This legal notice must be delivered in a way that follows the rules of the court, and that’s where process servers come in.

Process servers are trained professionals who deliver legal documents to individuals, businesses, or government entities involved in a case. Therefore, the majority of their clients include attorneys and law firms, businesses and corporations, government agencies, private individuals, collection agencies, landlords and property managers, and insurance companies.

On-Call Legal Process Servers are your go-to expert process servers for all services of process in California. Our experienced nationwide process servers are always available to help you deliver your court papers across the country. Book a free consultation with us to discuss your process service. Let us guide you throughout the process.

In this blog, we’ll break down the various types of clients who rely on process servers. You’ll also learn what process servers do, why their role is so important, the benefits of hiring one, what to expect in terms of cost, and how they handle people who try to avoid being served.

What Does a Process Server Do?

A process server is an individual or entity who delivers legal documents to parties involved in a legal proceeding. Their job is to properly notify parties in a case of a lawsuit or legal actions against them, and the response required by the court. Examples of court papers served by a process server include summonses, subpoenas, complaints, writs, divorce papers, eviction notices, restraining orders, etc.

Once they successfully deliver the court documents, the process server is required to provide proof of service, usually in the form of an affidavit of process service. The affidavit outlines the details of the service of process, such as to whom, when, and how the papers were served. Process servers must follow the rules for proper service of process in their jurisdiction, with respect to the approved methods of service, who can accept service, and what a process server is allowed to do.

Who Typically Hires Process Servers?

Due to their crucial role in serving legal documents, process servers usually work for various entities involved in one legal procedure or another. Let’s look at their most common employers in detail.

1. Attorneys and Law Firms

Lawyers and law firms are the most frequent clients of process servers. As they handle lawsuits, divorces, custody battles, or criminal defense cases, process servers help them deliver documents like complaints, subpoenas, summons, and court orders. Knowing that a professional is handling the service of process in compliance with the law, attorneys and law firms can then focus on legal strategy for winning the legal case.

After serving the papers, process servers also file the affidavit of process service with the court as evidence that the person received notice. Attorneys rely on this to show they followed due process. Without it, the defendant may have legal grounds to file a motion to dismiss for insufficient service of process.

2. Businesses and Corporations

Sometimes, companies sue other businesses, former employees, vendors, or even customers. They may also be sued themselves. Either way, they need to deliver legal papers to initiate or respond to legal proceedings. Hence, they hire a process server to make sure that these documents get to the intended recipient. Process servers also help businesses serve documents during contract disputes. Having a reliable process server helps businesses avoid delays and stay compliant with court procedures.

3. Government Agencies

Various government departments, such as local courts or state agencies, regularly hire process servers to deliver notices, subpoenas, citations, and other legal documents. For instance, a local tax office might hire a process server to notify an individual of overdue property taxes. Another example is the state agency needs to subpoena someone to testify in an investigation. Most of these documents have legal deadlines and must be served properly.

By using the right process server, the government agency can be sure of timely delivery and proper documentation after the serving process. It’s also an effective way to ascertain that the served entity cannot claim they didn’t get proper information. Of course, this helps avoid potential delays and promotes fairness and transparency in legal or administrative actions.

4. Private Individuals

People sometimes take legal action without a lawyer. They may need to serve divorce papers, obtain a restraining order, contest for child custody, sue for unpaid wages, or resolve a neighbor dispute. Whatever the case may be, hiring a process server will help such individuals deliver the legal documents correctly according to legal standards.

Such people especially need process servers with private investigative services when the intended recipient is proving hard to locate or seems to be refusing to be served. With advanced process server techniques such as skip tracing, private parties can avoid delays and mistakes that can get their case dismissed for improper service.

5. Collection Agencies

Collection agencies rely on process servers to inform debtors about legal proceedings related to their unpaid debts. Examples of papers they often serve include notices of lawsuit, court summonses, or wage garnishment orders. Since the agencies must serve these documents properly before they can proceed with legal collection efforts, they hire a process server to do the job. The goal is to help the agencies comply with consumer protection laws and protect them from legal challenges. Process servers also help track delivery attempts and provide documentation, which is necessary for enforcing judgments and avoiding claims of misconduct.

6. Landlords and Property Managers

If a tenant fails to pay rent or breaks the lease, landlords or property managers must serve formal legal notices before they can start the eviction process. These might include a “pay or quit” notice, a notice of lease violation, or a court summons. Process servers help landlords deliver these documents in a way that meets local legal standards. Many states have strict rules for how eviction papers must be served. If the documents are not delivered correctly, the eviction case could be thrown out. By using a process server, landlords and property managers can be sure they’re following the law and protecting their rights as property owners.

7. Insurance Companies

Insurance companies sometimes need to deliver legal documents when they’re investigating fraud, denying claims, or are involved in a legal dispute with a policyholder. They hire process servers to serve notices, subpoenas, and other court-related paperwork in these matters. For example, if someone is suspected of filing a false claim or if the company is involved in a lawsuit, they will hire a process server to deliver the paperwork. This is especially common when the insurance company must serve people who are avoiding contact. Using a professional process server provides a clear record of delivery, which is necessary to maintain compliance with insurance regulations and court procedures.

Benefits of Hiring a Process Server

As an attorney, law firm, business owner, or individual, hiring a process server provides you with a lot of key advantages that help protect your rights, move your legal case forward, and prevent costly mistakes. Such major benefits include the following:

• Adhere to legal requirements – What makes your service of process valid is your ability to serve papers in compliance with the applicable laws. Process servers understand these local laws and follow them, thereby reducing the risk of improper service.
• Have a neutral third party – Serving legal documents through a neutral third party helps avoid any claims of bias, harassment, or intimidation, especially in emotionally charged situations like divorce or custody disputes.
• Get a verified proof of service – The signed affidavit or declaration of service that process servers provide serves as an official proof that they delivered the court papers correctly.
• Deliver faster and more efficiently – Some important court documents have deadlines that must be met for the process serving to be valid. By hiring a good process server, you can be sure the documents are served at the right time without delay. Some experienced process servers also offer same-day delivery or rush service, which is a way to prioritize urgent legal papers.
• Maximize skip tracing – If the intended recipient is hard to find, process servers can perform skip tracing, gaining access to databases and investigative tools to locate the person. Skip tracing helps serve people who are intentionally avoiding service.
• Increased credibility in court – The judicial system is more likely to trust the service performed by a licensed, experienced process server. This credibility can help ensure that your court case proceeds without challenges related to proper notification.

Qualities to Look for in a Good Process Server

Not all process servers offer the same level of efficiency, professionalism, and range of services while still ensuring compliance. Therefore, before you hire a process server, you need to understand how to hire a process server and the key qualities to look for to be sure you’re hiring the right one.

First, the process server must understand the state and local service laws. That’s the only way you can be sure they’ll serve papers according to the correct legal standards and avoid mistakes that can render the service invalid. In addition, look for a process server who pays attention to detail, so there won’t be any errors in important information such as names, addresses, timelines, and proof of service.

Apart from understanding legal requirements, make sure the process server has all the necessary licenses and certifications required in their jurisdiction. If you need process service in multiple states, it might be best to look for nationwide process servers, such as On-Call Legal Process Servers, who have what it takes to serve papers across state borders.

Furthermore, since legal deadlines are strict, a good process server must have a track record of delivering legal documents on time. They must also provide transparent communication by giving clear updates and responding promptly to client enquiries.

For important court documents that may contain sensitive information, professional process servers must be able to maintain confidentiality and avoid unnecessary attention during service. In addition, they must be able to use creative strategies such as surveillance or skip tracing to serve hard-to-locate recipients.

A good way to cross-check all these factors is to check their reputation through online reviews and testimonials from previous clients. Check their previous experiences with similar cases and confirm their overall success rate. Avoid red flags such as numerous negative reviews, a track record of late deliveries, unethical practices such as the use of physical force or threat, etc.

How Much Does It Cost to Hire a Professional Process Server?

On average, the cost of hiring a process server in California falls between $40  and $200 per service. On a national scale, the average cost ranges between $45 and $75. How much you eventually pay depends on key factors such as the urgency of the service, the nature of the case, location, jurisdiction, and how difficult it is to locate the recipient. For example, if you need to serve court papers urgently, you might need to pay a significantly higher amount for rush service. If you’re serving an evasive recipient, you may need skip tracing service, which may cost an extra $250 to $500.

What Happens When Someone Avoids Being Served?

Some people deliberately avoid being served court documents because they think it will help them avoid the case and escape legal consequences. Some others also avoid service as a way of delaying the case and buying time. Whatever the case may be, it’s important to note that avoiding process service does not stop a legal case from proceeding. Rather, there are penalties for avoiding service of process. When someone intentionally avoids being served, various things can happen, which may include the following:

• The process server makes multiple attempts to serve them at their workplace or last known addresses. They may also try contacting neighbors or colleagues for information.
• They may use skip tracing tools to track down the recipient and serve them legally. When they find the recipient, they may leave the documents at their door or at their feet, which counts as a valid service whether such recipients willingly accept the papers or not.
• The court may approve alternative methods of service, such as substitute service, by certified mail, email, or service by publication as a last resort.
• If the serving party can prove that they have made all reasonable efforts to serve, yet no success, the court may pass a default judgment against the party who avoided service.

Need a Reliable Process Server?

Hiring a professional process server is one of the best decisions you can make when handling legal matters. From staying compliant with the law to providing proof of service and even tracking down hard-to-find recipients, a qualified process server helps reduce risks, prevent costly delays, and keep your case on solid legal ground.

Whether you’re an attorney or a legal professional, your court documents should be delivered properly to avoid legal challenges. That’s why it’s advisable to hire an experienced process server who knows the legal service of process in your area. At On-Call Legal Process Servers, we are committed to providing you with all-inclusive support services, such as obtaining, preparing, serving, and documenting your court papers quickly and accurately. Book a free consultation today to get started.