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

Process servers deliver legal documents to notify an individual or an entity of a legal action or lawsuit against them. The idea behind them is to promote fairness in the legal process by making sure that all parties involved are aware of the case and their expected response. The role of process servers is important because serving legal papers the wrong way can affect the timeline and outcome of legal proceedings.

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.

This article breaks down what a process server does, the requirements to become one, and everything else you need to know about their role in the legal system.

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 helps maintain fairness and equity in the legal system – people have the opportunity and sufficient time to defend themselves or 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 official 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 serve legal papers. 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 serve 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.

• Bring back the proof of service form to the serving party so they can file it with the court.

Legal Requirements for Serving Legal Documents

To make sure 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 paper 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 gets 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 has the right 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 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 that they may need to ask questions to identify and confirm that the person is the right 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 the 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.

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.

Also, complying with the legal procedures for serving a document in different jurisdictions can be challenging sometimes. Since mistakes in the service process can lead to consequences as severe as the dismissal of the case, process servers must do their due diligence when they serve papers in a different jurisdiction.

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 in order to serve subpoena out of state or to unsafe places to serve process may pose safety risks.

What Is a Process Server Allowed to Do?

The legal system thrives on fairness and equity. To help maintain these values, process servers are required to maintain a neutral and professional approach as they prepare and serve documents. Process servers must perform their duties without any bias or intention to influence the outcome of the case. Regarding professionalism, they should respect people’s privacy, manage situations in a calm manner, understand the possible reactions of supposed recipients, and manage them efficiently.

How to Become a Process Server

From meeting the basic legal criteria to finishing a training program, there are several steps and stages involved in becoming a good process server. While the exact process may differ depending on where you are, here’s a general step-by-step guide on how to become a licensed process server:

1. Research and Meet Legal Requirements

Find out all the legal and educational requirements for becoming a process server in your jurisdiction. Some states may have certain requirements that are different from those of other states. For example, while California and Texas require process servers to be licensed, it’s not a mandatory requirement in Ohio. So, find out what the specific case in your location and adhere to it.

2. Complete Relevant Training Courses and Internships

If you meet all the requirements, you can enroll into a certification course for professional process servers. There, you’ll be equipped with the relevant skills and techniques required for the job. For instance, you’ll learn how to prepare and fill out proof of service forms, how to manage difficult recipients, and other crucial procedures and ethics involved.

3. Obtain a License or Certification

If your state requires licensing, you must apply through the relevant agency or organization. They may require that you take and pass a licensing examination to ascertain that you qualify. You may also have to submit other relevant documents and pay the requested fees. Even if you don’t need a license to operate in your state, getting certified by a reputable professional organization is a good way to add more credibility to your credentials.

4. Get to Work

If you want to work as an independent contractor, you should set up your business, which includes finance management, record keeping, and marketing. Furthermore, purchase all necessary equipment – you may need a GPS gadget to travel to different locations, a good vehicle for movement, and consistent internet access, among other essential equipment. Also, prepare your process server resume and include the necessary information that may attract your clients to hire you.

5. Stay Updated

The legal system changes with time as new laws and reforms are introduced across various areas. To stay competent and relevant in your process server’s job, you’ll need to keep learning and adjusting to the latest developments in the legal world. Additionally, you can expand your network as a process-serving company by identifying with professional organizations such as the National Association of Professional Process Servers (NAPPS).

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. To start with, you must have an in-depth understanding of the laws and regulations guiding the service of process in the areas you serve. 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 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 to establish a positive relationship with clients and other parties. In addition, your writing skills have to be top-notch so you can properly 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 keep fit and stay healthy all the time. Additionally, having good driving skills can help boost the timely delivery of legal documents.

As a good 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, a process server often has access to confidential documents and information. As such, you must be able to keep information confidential as necessary.

Process Serving in the Digital Age

Technology has completely reshaped the way process servers work, and honestly, it’s made the job faster, smarter, and more efficient. From using GPS to track exact service time to storing affidavits in the cloud, modern tools help process servers stay organized and accurate. Even locating hard-to-find individuals is easier now thanks to skip-tracing software and access to real-time databases. These advancements don’t just cut down on time and cost—they raise the bar for reliability, especially when every detail of a service attempt can be backed by digital records.

In some cases, serving documents electronically, like by email, has also become an option, particularly when approved by the court or agreed upon by the parties involved. This can be a game-changer when someone lives far away or prefers a streamlined approach. But while tech makes things easier by enhancing the serving process, it doesn’t replace legal know-how. Every jurisdiction has its own process rules around how and when documents can be served, and failing to follow them could invalidate your service. So, embrace the digital tools, but always pair them with diligence, accuracy, and a solid understanding of your local laws.

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 regular routine services

• Extra charges based on unique circumstances

The average cost of hiring a process server in California is between $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 with 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, the standard and next-day service starts from $65. So, to emphasize, make sure you do your research and get a clear breakdown of costs before hiring a process server. Ask what’s included in the fee, such as mileage, multiple attempts, or notarized proof of service, so that there are no surprises later.

When and Why You Might Need to Hire a Process Server

You need to hire a process server for various reasons. Primarily, you need process services to ascertain that your service of process follows all the legal requirements in your jurisdiction. Moreover, some people react aggressively when they’re served legal papers or try to evade service entirely. In such cases, process servers possess the experience and professional skills to manage the situation and minimize the risks of conflicts.

Furthermore, process servers know how best to locate recipients on time so they can deliver the documents faster. This is especially vital for meeting short deadlines. Additionally, they help you ensure that all relevant details regarding the service are captured. They also provide proof of service, which comes in handy when you need to prove that you served the papers correctly and on time.

All-Inclusive Support Services for Legal Professionals

Being a process server demands that you deliver legal documents to parties in a court case. While carrying out your tasks, you may face some challenges such as aggression, avoidance, ensuring a timely delivery, and verifying the identity of the person who is to be served.

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.