What Is a Process Server and When Do You Need One?

A process server is a person authorized to serve legal documents and provide proper notice to individuals or entities involved in a legal action. You need a process server when court rules require that legal documents be properly served, ensuring all parties receive notice and have a fair chance to respond. Without a process server, a legal proceeding can be delayed, challenged, or even dismissed.

At On-Call Legal Process Servers, we have over 15 years of experience serving legal documents nationwide, helping legal professionals and individuals meet strict court requirements with confidence. Our nationwide process servers understand service requirements, jurisdictional rules, and how to handle difficult or evasive defendants. If you need reliable process service, contact us today and let our experienced team guide you through the legal process!

In this article, we’ll walk you through what a process server does, who can serve process, when you need one, typical costs, and why hiring a professional process serving company matters.

What Is a Process Server?

A process server is an individual or entity that serves legal documents to a defendant or an organization involved in a lawsuit or any other legal action. By notifying all parties of the legal actions against them or their required obligations, the parties can act promptly and appear before the court in response to the legal proceeding. This ensures that the legal system remains fair and equitable, which improves the process of serving documents. People are given the opportunity and sufficient time to defend themselves. They can respond to a legal action or court order. Examples of the legal papers that process servers serve include subpoenas, summons and complaints, writs, probation orders, divorce papers, child support papers, and other legal documents.

Aside from serving official documents, a process server can also retrieve documents needed for legal proceedings from courts or other official facilities. The document retrieval service is especially useful to attorneys and law firms who may not have access to certain relevant documents on their own. Process servers also perform administrative tasks like preparing documents, providing proof of service, filing court papers, etc.

Who Can Be a Process Server?

According to the Judicial Branch of California, anybody who is over 18 years old and is not a party to the case at hand can be a process server. It can be a family member, a friend, a professional process server, a colleague, or a county sheriff or marshal. However, whoever is serving papers must also fulfill the following general requirements:

• The server must deliver the document within the specified timeframe.
• They must file a proof of service form to detail who they served, as well as how, where, and why they served the papers.
• Return the proof of service form to the serving party so they can file it with the court.

When and Why You Might Need to Hire a Process Server

You may need to hire a process server anytime the law requires documents to be served correctly and on time. Common situations include:

• When filing a lawsuit, including civil, family, probate, or small claims cases
• When serving a subpoena for records or a personal court appearance
• When a defendant ignores service or actively avoids being served
• When court rules require personal service instead of mail
• When service must be proven with valid proof of service
• When deadlines are tight and fast service is essential
• When documents must be served out of state or across jurisdictions

Hiring a professional process server helps ensure the service is completed properly, even when the recipient is difficult to locate or unwilling to accept it. Experience matters here, especially when timing and accuracy can directly impact the outcome of a legal case.

Why Hiring a Professional Process Server Matters

Hiring a professional process server protects your case. Professionals help you avoid invalid service, meet strict court deadlines, and ensure proof of service is admissible if challenged. They also know how to handle evasive individuals without crossing legal lines.

For attorneys and legal professionals, working with a reliable process serving company provides reassurance and confidence. You can concentrate on your legal strategy, confident in the correct, efficient, and law-compliant handling of the process.

Legal Requirements for Serving Legal Documents

To ensure that legal documents are served properly, process servers must follow certain requirements stipulated by law. Although these standards may be different for various jurisdictions, there are general requirements for proper service of process that cut across most jurisdictions.

First, the server must confirm that the legal document is issued by an authorized entity, such as a court clerk or judge. Secondly, the process server must deliver the document through an approved method of service. In most states, approved methods of service include personal service, service by mail, substituted service, service by publication, and service by certified mail. Bear in mind that different kinds of court documents may require different methods of service. Therefore, it is important to confirm with an attorney or an experienced process server in the recipient’s jurisdiction which method is most appropriate.

Furthermore, the serving party must ensure that the receiving party receives the document early enough to allow them time to prepare for their response. In addition, the legal document must contain accurate information about its purpose and clear-cut instructions on the response expected from the recipient. It should also specify the dates and times relevant to the required actions.

When it comes to subpoena services, the recipient is entitled to object or file a motion to quash the subpoena. For this motion to be valid, the recipient must prove that they were not properly served, or cite other valid reasons such as infringement on their rights, burdensome demands, vague requests, etc.

Duties and Responsibilities of a Process Server

Although some legal duties and responsibilities are common to all servers, others are specific to the jurisdiction and the unique service requirements of the case. Here are some of the process server’s duties and responsibilities:

• Delivering documents on behalf of legal firms, courts, or anyone engaged in a court case to any party or entity being served, and within the timeframe specified by law.
• Verifying the identity of the person or entity who is to be served. The job of a process server requires asking questions to identify and confirm that the person being served is the correct recipient of the documents.
• Keeping track of the details of the service of process, the location, date, and time of the service, including the feedback of the person served.
• Providing an affidavit of service, also known as proof of service, to the court or the person who hired the server. This is to prove that they carried out a complete and proper service.
• Complying with all legal procedures that guide the serving of legal documents. For instance, they must adhere to timing and the appropriate manner of service.
• Testifying in court concerning the legal procedure that was used if the court demands so.
• Conducting investigations and interviews to locate the individual or entity designated for personal service.

Types of Legal Documents a Process Server Can Deliver

Process servers handle a wide range of legal documents tied to civil, family, probate, and business court cases. Each document must be served according to specific rules, deadlines, and service requirements to ensure it holds up in court. Common legal documents process servers deliver include:

• Summons and complaints for civil lawsuits and business disputes
• Subpoenas for records, testimony, or personal court appearances
• Divorce papers and family law documents
• Child support and custody orders
• Eviction notices and unlawful detainer papers
• Restraining orders and protective orders
• Probate notices and estate-related documents
• Small claims court papers
• Writs, motions, and court orders
• Other legal documents required for proper notice in legal proceedings

By serving these documents correctly and providing admissible proof of service, professional process servers help ensure court cases proceed without unnecessary delays or challenges.

Approved Methods of Process Service

Before any legal document can move a case forward, it must be served using a method the court recognizes as valid. Each court case, document type, and jurisdiction has specific service requirements, and choosing the wrong method can delay proceedings or invalidate service entirely. That’s why understanding approved methods of process service is essential for proper notice and compliance with the law.

Courts generally recognize the following methods of serving legal documents:

• Personal service – This is the gold standard of service of process and involves physically handing the legal documents directly to the person being served. Personal service provides the strongest proof in court and is often required for lawsuits, restraining orders, and time-sensitive legal actions.
• Substituted service – When personal service isn’t possible after multiple attempts, substituted service may be allowed. This method involves serving a competent adult at the recipient’s home or workplace and then mailing a copy of the documents to the recipient’s last known address, following strict process rules.
• Service by mail – Some court documents can be served by mail if the recipient signs and returns an acknowledgment of receipt. Without that acknowledgment, service may be considered incomplete, which is why this method is not always reliable.
• Certified mail – Certain legal documents and jurisdictions allow service by certified mail, often requiring a return receipt. This method is commonly used in administrative cases or when permitted by statute or court order.
• Service by publication – When a person cannot be located despite diligent efforts, courts may allow service by publication. This involves publishing notice in an approved newspaper for a set period of time and is only allowed with explicit court permission.
• Electronic service – In some court cases, especially when parties agree or a judge authorizes it, documents may be served electronically by email or other approved platforms. Electronic service must follow specific court guidelines to be considered valid.

Using the correct method of service is critical to ensuring the legal procedure holds up in court and that the case can proceed without challenges.

Professional Process Server vs. Sheriff vs. DIY Service

Skills and Traits of a Successful Process Server

You need to have a wide range of skills and qualities to become a successful process server. First, you must know the laws and regulations governing process service in your area. Then, you must pay close attention to detail to make sure reports and documents are accurate and the delivery process is valid. Bear in mind that mistakes in serving legal papers or in documenting them can lead to severe consequences, such as the dismissal of the case.

Furthermore, you must be able to communicate effectively, especially when informing the recipient and speaking in court. It helps establish a positive relationship with clients and other parties. In addition, your writing skills have to be top-notch so you can thoroughly prepare and file affidavits of service.

Moreover, frequent traveling—sitting long distances in a vehicle or even walking long distances—makes the process server’s job physically stressful. Hence, you must make a conscious effort to stay fit and healthy all the time. Additionally, having excellent driving skills can help boost the timely delivery of legal documents.

As a competent process server, you also need to have the organizational skills to effectively manage multiple cases and serve several papers, considering the typically tight deadlines. Additionally, professional process servers often have access to confidential documents and information. As such, you must be able to keep information confidential as necessary. You can also expand your network as a process-serving company by identifying with professional organizations such as the National Association of Professional Process Servers (NAPPS).

What Are the Typical Fees for Process Servers?

Before you hire a process server, be sure to understand and cross-check important factors such as their expertise, experience, and track record of successful services. More importantly, make sure you understand their fee structure and how much they charge for the service you’re hiring for. Generally, process servers in California use one or a combination of these common fee structures:

• Tiered fees based on your required turnaround time
• Flat fees for routine services
• Extra charges based on unique circumstances

The average cost of hiring a process server in California ranges from $40 to $200 per service. However, the exact price may differ based on the nature of the case and the location of both the process server and the entity they’re to serve. Cases that require urgent service with short deadlines will most likely attract higher charges than routine services.

On the other hand, process servers in developed areas usually charge higher fees, and serving a recipient in a location outside the process server’s jurisdiction may also attract higher costs. Therefore, it’s best to consult your potential process server to confirm their quotes before hiring them.

Additionally, in states like Arizona, the average cost of hiring a process server ranges from $50 to $100 per service. In states like Florida, standard and next-day service start at $65. So, to emphasize, make sure you do your research and get a clear breakdown of costs before hiring a process server. To avoid any surprises later, find out what is included in the service fee, such as mileage, multiple attempts, or notarized proof of service.

Common Challenges Faced By Process Servers

Process servers usually face various challenges while carrying out their duties. One of the most common challenges is the avoidance of service by the intended recipient. Sometimes, people who are not willing to accept service may reject the documents, hide from the process server, or give a false identity or wrong information about their whereabouts.

Secondly, it may be difficult or risky for the process server to serve legal documents to a recipient reacting aggressively or violently. Most times, it takes a high level of skill, carefulness, and patience to deal with such people.

Furthermore, complying with the legal procedures for serving a document in different jurisdictions can be challenging sometimes. Process servers must exercise due diligence when serving papers in a different jurisdiction, as mistakes in the service process can result in severe consequences such as the dismissal of the case.

Furthermore, process servers face physical risks sometimes. Unfavorable conditions, such as bad weather, can make their movement more risky and stressful. Additionally, it may be difficult to gain access to places with strict security measures, such as gated communities and secured apartments. Moreover, traveling long distances to serve a subpoena out of state or to unsafe places to serve process may pose safety risks.

What Is a Process Server Allowed to Do?

Process servers operate as neutral messengers within the legal system, and every action they take must comply with strict legal and ethical process rules. Their role is not to argue a case, explain legal strategy, or pressure someone into accepting papers. Instead, a competent process server focuses on delivering legal documents in a lawful, professional, and respectful manner so the legal process can move forward without dispute.

To properly serve documents and meet court requirements, process servers can use a range of legal methods and tools, as long as they adhere to the specific regulations and legal procedures of their jurisdiction. Process servers can:

• Access gated communities legally when permission is granted by residents, property managers, security personnel, or homeowner associations, ensuring service is completed without violating access rules.
• Conduct skip tracing to locate individuals who have moved or provided outdated information, as long as they are properly licensed or working with licensed investigators and compliant databases.
• Make multiple service attempts at different times of day and on different days, including early mornings, evenings, or weekends, to increase the likelihood of successful service.
• Serve hard-to-locate or evasive individuals by using lawful research methods, surveillance techniques, and verified address checks while remaining within legal boundaries.

These abilities allow professional process servers to complete service efficiently, even when a defendant ignores it or actively avoids receiving legal papers.

What Process Servers Cannot Do

Although process servers possess the authorization to serve legal documents, their authority is subject to strict limitations. Courts take improper service seriously, and crossing legal boundaries can invalidate service, delay court cases, or expose the server and client to legal liability.

Process servers cannot:

• Trespass on private property, including entering locked buildings, fenced yards, or restricted areas without permission.
• Break into homes, vehicles, or buildings under any circumstances, even if the recipient is inside.
• Use threats, intimidation, coercion, or harassment to force someone to accept service.
• Impersonate law enforcement, court officials, or government agents, or misrepresent their role in the legal process.

Understanding and respecting these boundaries protects the integrity of the legal procedure, the safety of all parties involved, and the validity of the service itself.

Need a Reliable Process Server You Can Trust?

A process server plays a critical role in the legal system by ensuring legal documents are served properly, on time, and in compliance with court rules. From understanding approved service methods and costs to knowing when professional process serving is necessary, choosing the right process server can protect your case and prevent costly delays. When accuracy, speed, and legally compliant proof matter, working with an experienced professional makes all the difference!

With over 15 years of hands-on experience, On-Call Legal Process Servers have built a reputation for reliable, compliant, and fast service across the country. Our professional process servers are trusted by legal professionals and clients alike for handling even the most challenging service requests. Book a free consultation today to get started and let our team give you the required legal support.

FAQs

With years of experience serving legal documents across many jurisdictions, we’re able to provide clear, accurate answers to the most common process server questions.

How Long Does Service of Process Take?

Service of process can take anywhere from same-day service to several days or weeks, depending on the recipient’s location, availability, and whether they are avoiding service.

What Kind of Papers Does a Process Server Serve?

Process servers serve legal documents such as summons, subpoenas, divorce papers, eviction notices, court orders, and other documents tied to legal proceedings.

What Is a Process Server Job?

A process server’s job involves serving legal documents properly, following court rules, documenting service attempts, and providing valid proof of service.

What Does a Process Server Look Like?

There is no uniform—process servers typically dress professionally and discreetly to complete service without drawing unnecessary attention.

How to Find Out Why a Process Server Is Looking for Me?

The fastest way is to accept service, review the legal papers, and see what legal action or court case the documents involve.

How Many Attempts Does a Process Server Make?

Most professional process servers make multiple attempts at different times and days to complete service in compliance with court requirements.

What Is a Special Process Server?

A special process server is someone specifically appointed by a court to serve documents in a particular case, often when standard service methods have failed.

What Is a Certified Process Server?

A certified process server has completed required training or certification through a recognized authority, demonstrating knowledge of service rules, legal procedure, and professional standards.