A process server who cannot serve the party validly, or cannot prove the serve, can stall a matter before it starts. A law firm’s search for a local server starts with the matter itself.
A firm finds the right server in two steps. First, it defines what the serve requires. Then it compares independent local servers and providers with server networks on coverage, credentials, documentation of attempts, communication, and fees.
A late or invalid serve has procedural consequences. For example, the impact of not serving a defendant within 90 days after the complaint is filed is underscored by Federal Rule of Civil Procedure 4(m). In such cases, the rule points out, the court must dismiss the action without prejudice against that defendant or order that service be made within a specified time. The court can take either step on motion or on its own after notice to the plaintiff. The court must extend the time if the plaintiff shows good cause for the failure.
In federal court, a defendant can also raise insufficient service of process as a defense by motion under Federal Rule of Civil Procedure 12(b)(5).
State courts set their own service deadlines.
A quick online search can surface names near the party’s address. It cannot show whether a server is authorized where the party will be served, how attempts are recorded, or how the provider reports back to the firm. The sections below cover each of those points.
What Kind of Process Server Does Your Matter Need?
Process servers differ in the kind of work they take on, the places they cover, and the service methods they handle. Each of those differences can rule a server in or out for a particular matter.
Some servers handle general civil service. Others focus on particular work, such as serving papers in divorce proceedings, serving parties who are hard to locate, or serving corporations.
Geography comes next. The party may be in the same county or state as the court, in another state, or outside the country. Some matters need only local service. Others involve serving papers across state lines or under international treaty procedures.
The setting also matters. In rural areas, a server may need to find addresses that are spread out or poorly marked. In urban areas, the server may need to get into secured buildings or gated communities.
The type of service the matter requires also shapes the search. Common types include:
Personal service for routine civil matters, which Federal Rule of Civil Procedure 4(e)(2)(A) describes as delivering the summons and complaint to the individual personally
Skip tracing, a separate service used to locate a party when the address on file is outdated or unavailable
Service by publication, where notice of the case is published in a newspaper, a method state law limits to certain types of cases and conditions
Corporate service, which involves delivering the papers to a person the applicable rules authorize to receive service for the business, such as its registered agent or certain officers
International service under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, which works mainly through a request to the receiving country’s Central Authority to serve the papers or arrange for service
Publication and corporate service rules vary by state, and those differences affect which server a firm needs. For example, in Florida, Florida Statutes section 49.041 requires a sworn statement before service by publication on a natural person. The plaintiff, the plaintiff’s agent, or the plaintiff’s attorney provides the statement, which shows that diligent search and inquiry have been made. A server who records each unsuccessful attempt in detail gives the firm a clearer account of that search.
In California, California Code of Civil Procedure section 416.10 allows a summons to be served on a corporation by delivering it to the person designated as the corporation’s agent for service of process. The statute also allows delivery to one of the officers or managers it lists, such as the president or a general manager. When service is made under that section, the server needs to deliver the papers to a person who holds one of those roles.
Timing adds another consideration. When a court deadline or hearing date is close, the firm may need a provider that offers rush or same-day service.
Where Law Firms Find Qualified Process Servers
A firm can find a process server through a provider that assigns servers from its network. That approach works whether a firm needs service every week or only occasionally. When a matter involves several states, a firm may also want to compare nationwide process serving providers.
Working with a process serving provider that covers all 50 states can offer these benefits:
Provides a server for the location that’s needed, so the firm does not have to search for one.
Screens its servers before assigning them.
Tailors a service program to the firm’s volume, workflows, and reporting needs.
Offers status updates during the serve and digital proof of service when the serve is complete.
Can coordinate service across states.
Firms also find process servers through these channels:
Referrals from attorneys, paralegals, and legal support staff at other firms
Professional associations, such as the National Association of Professional Process Servers, whose process server directory lists member servers across the United States
The sheriff’s office, in states where sheriffs serve civil process
A firm deciding between a private server and the sheriff can compare how each handles difficult defendants.
Questions to Ask Before Hiring a Process Server
When a firm hires an individual server directly, it can ask the questions below before the first assignment to see whether the server fits the matter. When the firm works with a provider, the questions apply to the provider’s process and to the servers it assigns.
Questions worth asking include:
How do you record successful and unsuccessful attempts?
What happens after the first attempts fail?
What technology do you use to track attempts and share status updates with the firm?
Are your servers registered, licensed, or certified where the party will be served, if the jurisdiction requires it?
What share of serves do you complete on the first attempt?
At what times can your servers make attempts, including evenings and weekends?
Which counties and states do you cover?
Before the first order, the firm can also confirm what process servers charge for:
Mileage
Rush service
Additional attempts
Stakeouts, where a server waits at a location for the party to appear
Serves that require extra work, such as a gated property or a party who avoids service
A provider may be able to quote these charges across its network. The firm can ask for that pricing in writing.
Legal and Ethical Considerations When Choosing a Process Server
Service of process rules differ from state to state, and some cities add requirements of their own. A server needs to work within the rules that apply where the party is served.
For example, in Texas, Texas Rule of Civil Procedure 103 allows process to be served by a sheriff, a constable, or another person authorized by law. The rule also allows service by a person at least 18 years old who is authorized by law or by written court order. A person certified by the Judicial Branch Certification Commission can also serve. The rule also bars anyone who is a party to or interested in the outcome of a suit from serving process in that suit. Unless a written court order allows otherwise, only a sheriff or constable may serve certain process, such as a citation in an eviction case. For a Texas matter, the firm can ask its provider, or a server the firm hires directly, which of the authorized categories the server fits.
New York City adds its own licensing requirement. The NYC Department of Consumer and Worker Protection requires a Process Server Individual license for anyone who serves process five or more times in a calendar year, with limited exemptions. A firm using a server in New York City can ask for that license before the serve.
Beyond those rules, the National Association of Professional Process Servers’ Membership Code of Ethics requires members to perform all work “in a lawful, professional and ethical manner.” A firm can expect the servers it uses to avoid conduct that could expose the service to challenge, including:
Using deception to gain access to a party
Using force or threats
Trespassing
Impersonating law enforcement or other officials
Serving papers at times and places the applicable rules do not allow
Confidentiality matters too. Servers and providers handle case documents and personal information about the party. The firm can ask how the provider or server stores that material, who can access it, and whether it is encrypted in storage and in transit.
Documentation requirements also vary by jurisdiction. For example, in federal court, Federal Rule of Civil Procedure 4(l)(1) requires proof of service to be made to the court unless service is waived. Except for service by a United States marshal or deputy marshal, that proof must be the server’s affidavit.
An affidavit of service is the server’s sworn statement of how, when, and where the papers were served. An experienced server prepares the affidavit to meet the applicable requirements, and that preparation can help the service hold up if challenged.
Red Flags When Choosing a Process Server
Some warning signs suggest that a server or provider may create problems later in the matter:
Unrealistic promises, such as a 100% first-attempt success rate
Reluctance to document attempts or share attempt records
Quotes far below or far above other quotes, with no explanation
Slow or inconsistent replies to the firm’s status requests
Vague answers about credentials, coverage, or documentation
Missing details or errors in paperwork and attempt records
Weighing Cost Against Experience and Documentation
After comparing candidates, the firm can weigh its own experience with each server or provider alongside criteria such as credentials, communication, and documentation. When possible, the firm can first send a smaller matter to see how the server or provider handles attempts and proof of service. The results can help the firm decide whether to rely on that server or provider when a deadline is close.
The lowest quote may not be the lowest cost. A quote that leaves out additional attempts, rush service, or stakeouts can grow once the work begins. Weak documentation can also lead to rework if the defendant challenges service.
How Proceed Supports Law Firms With Service of Process
A search that starts with the matter’s requirements gives the firm a clearer basis for choosing a server than a list of nearby names does.
At Proceed, our Service of Process gives law firms access to a nationwide network of vetted, professional process servers with local expertise in all 50 states. We complete 85% of our serves on the first attempt. Servers in our network document each attempt with GPS coordinates, timestamps, and location photos where applicable.
Contact us to discuss your firm’s service needs in the places where you litigate.
Frequently Asked Questions
How quickly does Proceed make the first service attempt?
With our normal service, the first attempt is typically made within 24 to 48 hours after we receive the documents. With rush service, the first attempt is typically made within 24 hours. Same-day service is available for urgent matters.
How many attempts should a firm expect, and when are they made?
With our normal service, we usually schedule three to four additional attempts, based on the needs of the case. When necessary, we may time those attempts for mornings, evenings, or weekends to improve the chance of service, at no additional expense.
What happens if the party cannot be served at the address the firm provides?
The server documents what happened at the address. Based on that record and the situation, we outline the available next steps. These may include additional attempts, address verification, or Skip Tracing as a separate service. An alternative service method, such as service by email or social media, may also be an option when court rules permit it. The firm’s attorneys decide whether to pursue an alternative method.
How does a firm track status and receive proof of service?
Our clients track each serve through status updates that show its progress in real time. Once delivery is complete, we prepare proof of service according to the local court rules. The completed proof is available to the firm as soon as it is generated. If filing is required, the filing party files the proof.
