How to Choose a Process Server

In civil court matters, a process server is an individual who serves or delivers legal documents such as subpoenas, summonses, legal notices, court orders, and sometimes writs.

Process servers typically fall into one of four categories.

The first category consists of registered or licensed process servers. In most states, process servers are registered by the county in which they serve. In some states, like California, a process server who is registered in one county may serve papers in any other county in the state. In other states, a process server can only serve papers in the county where he or she is registered. Most, but not all, counties require the process server to be bonded or insured.

The second category involves private investigators and detectives. Most states require that private detectives and investigators be licensed by the state. They are exempt from registering as process servers. They and anyone they employ are allowed to serve legal process, and when serving are considered officers of the court.

Sheriffs, marshals, constables, and other sworn peace officers comprise the third category of persons who may serve legal process.

The fourth category is composed of nonregistered or nonlicensed individuals such as friends, relatives, and others.

In many states, including California, a nonregistered individual may serve up to ten legal documents a year as long as the individual is not a party to the action, such as a plaintiff or defendant. When the individual has served the document, he or she must sign an affidavit stating that the paper was served properly. Usually, the affidavit must be signed under penalty of perjury.

Normally, it isn’t a good idea to have a nonprofessional individual serve process because the person usually doesn’t know the rules and laws of process serving or how to properly fill out a proof of service. If either of these conditions applies, the service may be declared invalid and possibly cause the case to be lost or started over. In addition, many people try to evade service, and a professional is more likely to be able to complete service. Finally, process serving can be dangerous, as many people get angry when served and may vent their anger on the process server. Process servers have been beaten up and attacked with weapons, run over by cars, and shot.

In the past, sheriffs, marshals, and constables were considered good choices for serving papers, but that is no longer the case. Few marshals serve papers today, and sheriffs and constables are busy doing other things. Papers may sit for weeks before they are taken out for service. Many people don’t open their door when they see a marshal or sheriff's uniform. The officer has to walk away and return the papers unserved.

Licensed private investigators sometimes make the best servers; however, not all of them will serve papers, and many believe that they should be paid far more than a registered process server. Others serve so few papers that they may turn an easy service into a difficult one. Others turn every service into an investigation to run up billable hours. However, a good detective agency will have numerous assignments and investigators who can serve papers fast and efficiently for a reasonable fee.





 

Information resource  | Contacting us | Security | Home surveillance | Legal issues

Detective resource guide