In civil judicial matters, a process server is someone who serves or delivers legal documents, ie. sub-pawns, summons, court orders, various judicial notifications and in some cases orders. Process servers typically fall into one of four (4) categories:
1. Licensed or Registered Process Servers: In most states, process servers are registered by their county. In some states, such as California, a process server, once registered in one county, can serve documents in any other county within that state. In some other states, a process server can only serve documents in the county in which they are registered. Most, but not all, counties when registering a process server require the applicant to have a bond or insurance.
2. Private Detectives and Investigators: In most states, private detectives and investigators are licensed by the state and are exempt from registering as process servers. They and anyone in their service can bring legal process and, in doing so, are considered officers of the court.
3. Sheriffs, Marshals, and Constables: Sworn peace officers.
4. Persons not registered or licensed: Friends, relatives and others.
In many states, such as California, an unregistered person can serve up to ten (10) legal documents each year, as long as that person is not a party to the action in question. that is: a plaintiff or defendant, etc. When the delivery of the document is complete, the server must sign an affidavit that the document was properly delivered. That affidavit must generally be signed under penalty of perjury.
It is generally not a good idea to have an unprofessional service process. They typically do not know the laws and rules involved in service of process nor do they know how to complete a proper service test. Any of these can cause a service to be declared invalid and possibly cause you to lose the case or at least force you to start over. Also, many people try to evade the service and a professional has a better chance of completing the service. Finally, process notification can be very dangerous. Many people get very angry when they receive the notification and try to take it out on the process server. Over the years I have had many servers beaten and attacked with knives or clubs or hit with rocks.
I’ve had multiple servers not killed in vehicular attacks and three servers shot, several more shot but missed.
At one time, constables, sheriffs, and bailiffs were considered good options for serving documents, however, that is often not the case. Most sheriffs no longer serve papers and many sheriffs and deputies are so busy doing other things that their papers can stay weeks or longer before or if they retire for duty. Also, many people, when they see the uniform of a bailiff or bailiff, simply do not open the door. The bailiff or bailiff walks away and the papers are returned undelivered.
Licensed private detectives and investigators can sometimes be the best servers, however not all of them deliver documents and many believe that since they are “big shot” investigators they should charge much more than registered process servers. Others serve so few documents that they sometimes “make a mountain out of a molehill” and turn a rather easy service into a difficult one. Other investigators convert each service into an investigation to accumulate billable hours. On the other hand, if you find a good detective agency, they will have numerous service assignments and investigators who can deliver documents quickly and efficiently for a reasonable fee.
Most licensed investigators can be trusted to be honest about the documents they turn over. It is not easy to get a license and if you are caught perjuring yourself by saying you turned in a piece of paper when you did not, or if you are caught billing a client for work that was not done, you could lose your license. If they lose their license, they are out of business, as they generally cannot get a license back. Also, in most states, complaints can be filed against a licensee and those complaints are investigated. Prospective customers can contact the state licensing board and obtain a record of adjudicated complaints.
Registered process servers generally know the laws and rules and are, for the most part, honest and hard workers. In most counties, however, registration is easy, and there is usually no licensing agency to police them. Therefore, if the registration is revoked, the server can usually have a friend or relative sign up and the server can then be listed as an independent contractor working for the new registrant. Also, no experience is required to sign up. Finally, there is usually no place where a potential customer can verify or file a complaint against a registrant. The only recourse a client generally has against a registered process server is to file a lawsuit against the party and then, if a judgment is obtained, go against the registrants’ bond. Please note, however, that not all counties or states that register require a bond and those that do require a bond of $2000.00 or less.
When looking for a process server, be careful. Don’t choose anyone. Never use a friend or family member. If you find a server on the Internet, don’t just go by the look of the website. One person can be a bad website designer and a good server or vice versa. Call the server and ask questions based on the information above in this article. If the server refuses to talk to you, don’t use their services. If the server is a licensed researcher, please refer to the license. Contact the Better Business Bureau and see if they have any information. Try not to use a one person operation as you may not be able to keep up with the workload or be forced to charge high fees to make up for the lack of stable business.
When making your choice, do not be guided by the price. Expensive servers are not necessarily the best, just like cheap servers are not necessarily the worst. The Hallstrom Detective Agency was considered to have one of the best prosecution service divisions in the United States, yet we charge less than almost any other service in the country. Ask about additional charges. Many companies quote a low initial fee and then add a fortune in incidental fees.
For links to directories listing process servers, private investigators, detective agencies, court reporters, people finders, and more, offered for attorneys and other legal professionals, visit http://services.resourcesforattorneys.com a directory of directories listing links to services for use by the legal profession.
The above information is not provided as legal advice. Instead, it is given as information and opinion gathered and developed through experience over the last thirty years. David G. Hallstrom, Sr. is the owner of the Hallstrom Detective Agency and although the agency no longer offers service of process, through its servers it has completed the service of several hundred thousand legal documents. Although the author believes the information to be accurate, no warranty is offered or implied.
This article may be reprinted, free of charge, provided that credit is given to the author and that the links contained in this document are preserved and kept active. © Copyright 2005 Lawyer Resources. All rights reserved throughout the world.