When it comes to serving legal documents, it is advisable to use a professional process server. But what is a process server? And why would you need one?
Process server services are essential for ensuring legal compliance and the timely delivery of court documents. They are a fundamental part of our justice system. They help protect our rights and make sure everyone involved in a lawsuit receives notice of all proceedings.
A certified process server follows strict legal guidelines to uphold the integrity of the service process. If you’re filing a lawsuit, it’s important to know what qualifications to look for when you’re hiring these professionals.
Whether you work with a process server company or an independent licensed process server, verifying their credentials is critical. Learn about process servers and how to hire the right professional to ensure everyone’s rights are protected.
What is a Process Server?
Process servers can file and retrieve court documents, and they routinely deliver or “serve” legal papers to defendants or others involved in a court proceeding. This court papers service ensures due process and legal transparency.
After serving legal papers, process servers complete an Affidavit of Service or Proof of Service in California to confirm delivery. The civil process server meaning extends beyond simple delivery—they act as neutral parties to guarantee legal fairness.
In the past, police officers and sheriffs delivered all legal documents to both parties in a case. This task soon interfered with their primary job of fighting crime. There needed to be a new way to “serve” people and notify them of any pending legal issues that involved them. This shift led to the rise of private process servers specializing in legal document delivery.
Law enforcement officers can serve legal documents, such as restraining orders and fee waiver papers, but this is not their primary function and is typically treated as a secondary task. Today’s process serving system, however, now allows law enforcement to do their first job – enforce the law.
Licensed process servers now handle the majority of civil and court-related deliveries. They routinely use best practices for delivering these and other court documents in a timely fashion.
Types of Service of Process
There are two main ways a process server can deliver court documents that notify a defendant of a claim against them. These two main ways include:
Personal Service of Process
With this procedure, process servers can physically deliver case documents to the defendant directly. If case documents are served on a business, the Registered Agent for Service or a Corporate Officer will receive the documents.
In California, serving the legal papers on someone who is a General Manager or higher is considered a personal service. An authorized process server ensures this method meets all legal standards.
Substitute Service of Process
Process servers can deliver documents to another person over 18 at the subject’s home, business, or usual mailing address. These other individuals might be a defendant’s co-worker or family member. This method also requires the servers to mail copies of the court documents to litigants by first-class mail.
Multiple attempts at personal service or “Due Diligence” may or may not be required, depending on the type of documents being served. A court server or legal processor must follow strict rules for substitute service to be valid.
In California, every document has its service deadlines and service of process requirements. Some legal papers are personal service only, and others can be served on a first or third attempt.
Your process server should be able to tell you the requirements and deadlines for your specific documents. Becoming a process server requires knowledge of these varying rules.
What Do Process Servers Deliver?
A California Registered Process Server is required to serve Writs of Attachment and Writs of Execution. These documents are normally parts of Bank Levies and Earnings Withholding Orders.
They are also required to serve an Application and Order for Appearance and Examination to enforce a judgment against a debtor. The process server definition includes professionals trained to handle sensitive legal documents.
Process servers deliver a host of other lawsuit papers, including temporary restraining orders, divorce papers, requests for orders, and many civil action papers, such as small claims actions or summons and complaints. Other lawsuit documents might include subpoenas for a witness’ personal appearance or business records.
Legal process servers ensure all documents are served in compliance with state laws.
Find out more here about the other types of service of process procedures that process servers perform every day. Process servers can advise you on which case types require their services.
Improper use of process servers can cause case delays, missed deadlines, or even dismissal due to procedural issues.
How to Choose a Process Server
There are many private process server companies that you or your attorney may want to use. Before you hire a process server, consider the following qualifications and background requirements you’ll need for a qualified process server:
Licensing
Every state has different licensing standards for process servers. Each of the states listed below requires process servers to pass a statewide licensing test:
- Alaska
- Arizona
- Illinois
- Montana
- Nevada
- Oklahoma
- Washington
California, New York, Missouri, and Florida have their local licensing requirements for process service within their state.
A California Registered Process Server is required to be 18 years or older, have no felonies, and have a $2,000 bond. They register with their local county and can serve papers anywhere in California.
Our state association, CalsPro, also offers an optional certification test to its members. A process server license ensures professionalism and adherence to legal standards.
Equipment/Technology Used
The best process servers are those who let their clients know as quickly as possible when the papers have been served. Process servers need advanced technology for effective client communication, and sharing your cell number can improve this connection. A professional process server company invests in reliable tracking and reporting tools.
Bonded
Some states, like California, require process servers to have surety bonds deposited. Surety bonds protect the client in case the process server doesn’t abide by the law when delivering court papers.
If this happens, clients can file a claim on the surety bond that the process server will have to pay out. Working with a bonded and licensed process server minimizes legal risks.
Check Background/References
Don’t hesitate to check a process server’s references and background before hiring. You can check their online reviews on Google, Yelp, and Facebook, along with other online review sites. You can see if there are any complaints against them or their parent company by looking up their rating with the Better Business Bureau.
If you are interviewing process servers, don’t be afraid to ask them about their experiences. Ask them how often they have to defend a service at a quash hearing. If they are familiar with serving your specific documents and what the service requirements for those documents are.
You can also inquire about their other areas of expertise. The top candidates will most likely already have testimonials from previous clients that will give you some insight into their level of customer service. Understanding the process server job helps in selecting the right professional.
Fees
Process service fees can be contingent on a number of factors such as the number of service attempts, the service location, the server’s experience and expertise. Average fees for process serving range between $45 and $200, but like with most services, you often get what you pay for. You can check out our pricing here.
You will lower your fees significantly if you supply up-to-date information on the person being served. When you reduce the number of addresses the server ultimately has to attempt, you’ll reduce your costs.
You should expect to pay more if the party served is likely to be uncooperative or lives miles away from your immediate vicinity. A specialized court processor may charge differently based on case complexity.
Next Steps
Are you still asking, “What is a process server?” Then find out more information on what these professionals can do for you on our website or call us TODAY at 510-797-9996.
Once you’ve narrowed down to the company you want to hire, be sure to get the specifics of their service in writing. Be sure to identify critical court filing deadlines in advance to minimize your costs. If you follow these steps, your case will move through the system quickly.
Frequently Asked Questions About Process Servers
1. What do you call someone who serves papers?
A professional who delivers legal documents is called a process server or legal processor.
2. What is process serving?
Process serving is the legal delivery of court documents to ensure all parties are notified of legal actions.
3. What is a civil process server?
A civil process server specializes in delivering documents related to civil lawsuits, such as summonses or subpoenas.
4. What do process servers serve?
Process servers deliver court papers like subpoenas, eviction notices, divorce papers, and other legal documents.
5. Who is a process server?
A process server is a licensed professional authorized to deliver legal notices on behalf of courts or attorneys.
6. What is a certified process server?
A certified process server has passed additional training and testing to meet higher industry standards.
7. What is a special process server?
A special process server is appointed by courts for specific, high-priority cases requiring specialized handling.
8. How does process serving work?
Process servers locate recipients, deliver documents legally, and file proof of service with the court.
9. What is the process server’s job?
Their job is to ensure legal documents are properly delivered while adhering to state laws.
10. What is required to become a process server?
Requirements vary by state but often include licensing, bonding, and knowledge of legal procedures.
