A process server’s mistake rarely stays small. A missed deadline or an incomplete proof of service can force a firm to serve the papers again or give the opposing party grounds to challenge service.
The right choice comes down to a few checks. The firm needs to know that the server qualifies under the rules where service will happen and that the provider covers the locations and hours the matter needs. The firm also needs to know what the order will cost, how attempts are handled, and what documentation comes back.
A referral or the lowest quote can make the decision feel simple, but neither shows how a server handles a difficult serve or what proof the firm will receive. The tips below cover what to ask before the firm places its first order.
Understand Process Server Responsibilities
A clear view of the server’s duties gives the firm a baseline for comparing providers. Our overview of what a process server does covers the role in more depth.
Beyond delivering court papers to the named parties in a case, process servers are responsible for:
Confirming they are serving the right party at the right address
Documenting each attempt under the rules that apply where service is made
Handling uncooperative or hostile recipients calmly and lawfully
Staying neutral in the cases they serve
Completing the paperwork that records how service was made
Check the Process Server’s Licensing and Insurance
The court and the place of service determine who may serve process. The firm’s own location does not. In federal court, Federal Rule of Civil Procedure 4(c)(2) allows any person who is at least 18 years old and not a party to serve a summons and complaint.
Some states set additional requirements. For example, Texas Rule of Civil Procedure 103 allows service by a sheriff, a constable, or another person authorized by law. It also allows service by a person 18 or older who is authorized by law or by written court order. A person certified by the Judicial Branch Certification Commission may also serve process. No one who is a party to the suit or interested in its outcome may serve process in that suit. Unless a written court order allows otherwise, only a sheriff or constable may serve certain papers. Those papers include a citation in an eviction (forcible entry and detainer) action and a writ that requires taking possession of a person or property.
These rules matter because a defendant can challenge how service was made. Federal Rule of Civil Procedure 12(b)(5) lists insufficient service of process as a defense that can be raised by motion. Service by a person who does not qualify under the applicable rule can support that defense, so checking a server’s qualifications before service addresses that risk.
The firm can ask whether the server or provider carries insurance or a bond, and it can request proof when its own vendor policies call for it. A process serving company may check licensing and registration when it brings servers into its network. The provider can explain how that check works and how often it is repeated.
Choose Experienced Servers
Experience shows most when a serve gets difficult. The property may be gated, the recipient may refuse the papers, or the address may turn out to be wrong.
When the firm works with a company, it can ask the provider how long its servers have worked in the relevant county or court, how many serves they complete, and how the provider measures completion. When the firm hires an individual server directly, the same questions go to that server.
Detailed answers suggest that the server knows local court requirements and can spot a problem before an attempt fails.
Find Out When and Where the Server Operates
Process servers choose the areas they cover. Some work across several states, while others stay within a few counties. The firm needs a server or provider that covers every location the matter requires.
It also matters when the server works. The firm can ask whether the server attempts service in the evening or on weekends and whether rush orders are available. It can also ask whether the server tries at different times of day to reach a party who is hard to find or avoiding service.
Coverage and working hours affect whether service happens before the deadline. In federal court, Federal Rule of Civil Procedure 4(m) allows 90 days after the complaint is filed to serve each defendant. If a defendant is not served in that time, the court acts on motion or on its own after notice to the plaintiff. It must either dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the court must extend the time for service. The 90-day period does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).
Confirm Pricing and Fees Upfront
Before the firm places a process serving order, it can request a written quote and ask which charges could be added later.
Depending on the provider and the order, process server fees can include:
Rush fees
Mileage
Notary services
Multiple attempts to serve
Skip tracing
A quote that lists these charges in advance helps the firm budget for each matter and compare providers on the same terms.
Ask How the Server Plans Service Attempts
An experienced process server plans each attempt instead of repeating the same visit. The firm can ask how the server decides when to try again and what happens if personal delivery keeps failing.
That second question matters because some states allow other service methods only after a diligent effort at personal delivery. California is one example. Under California Code of Civil Procedure section 415.20(b), substituted service on an individual is allowed only when personal delivery cannot be made with reasonable diligence. Substituted service means leaving the papers with a qualifying adult at the party’s home, business, or usual mailing address and then mailing a copy there.
The California Courts Self-Help Guide says the server should try to serve the papers in person at least three times before using substituted service. Those attempts should fall on different days and at different times. The server records each attempt in a declaration of due diligence and attaches it to the proof of service. An amended version of section 415.20(b) takes effect January 1, 2027. It will define reasonable diligence as good-faith attempts at personal delivery on at least three occasions, on three different days, at three different times.
When a party is hard to reach, experienced servers may use approaches such as:
Varying attempt times across mornings, evenings, and weekends
Waiting at a known address to meet the party coming or going
Talking with neighbors, coworkers, or relatives who may know where to find the party
Checking public records to confirm the address
Reviewing public social media posts for current location details
Consider Matters That Need Specialized Experience
Some matters call for a server with specific experience. Serving a party held in a jail or prison, for example, means working within the facility’s access rules.
Other situations where experience helps include:
Serving in high-crime areas or other potentially dangerous situations
Locating parties who are hard to find
Serving corporations, businesses, and other entities
Reaching remote or rural addresses
When the firm flags one of these conditions on the order, the provider may consider it when assigning the serve. The provider can also give the server specific handling instructions.
Review How Service Is Documented
Proof of service is the record a court reviews to decide whether service was made correctly. Its details have to be right. Before choosing a qualified process server, the firm can ask to see sample records of attempts and completed proofs of service.
Required contents vary by state. For example, Florida Statutes section 48.21 requires the person who serves process to complete a return of service, the signed form that records how service was made. The return must show the date and time the papers were received and served, the manner of service, and the name of the person served, and it must list the documents served.
Under section 48.21, a missing fact or signature invalidates the service. The return can be amended by applying to the court that issued the process. Once the return is amended, the service is as effective as if the return had included the missing facts or signature from the start.
Supporting records add detail beyond the signed proof. Some providers capture timestamps, GPS coordinates, and location photos with each attempt, and as of January 1, 2027, this will be a requirement for California serves.
Location photos are different from photos of the person being served. The National Association of Professional Process Servers takes the position that process servers should not be required to photograph or video the people they serve, citing privacy laws and safety risks.
Decide Between an Individual Server and a Process Serving Company
A firm can hire individual process servers directly or work with a process serving company that assigns servers from its network.
An individual server can work well for a single local serve. In that case, the firm handles vetting, scheduling, and follow-up itself.
A process serving company can take on those responsibilities. Depending on the company, it may vet servers, cover multiple locations, schedule attempts, send status updates, and integrate with a firm’s document management system. The process server still makes each attempt and records what happened.
For firms with matters across counties or states, that difference affects how many provider relationships the firm’s staff manage and how consistently proof of service comes back.
What Happens After the Firm Places an Order
Once the firm chooses a provider, each order moves through a series of handoffs. Knowing the steps helps staff see where a delay can start.
The firm sends the provider the documents to be served, the service address, and any deadlines or special instructions.
The provider reviews the order for missing information and may verify the address before the first attempt.
The process server makes the attempts and records the date, time, and outcome of each one.
After service is complete, the provider returns the signed proof of service to the firm.
If filing is required, a qualified provider files the proof with the court.
Complete instructions at the first step can head off later problems, such as an attempt at an outdated address.
Coordinate Service of Process With Proceed
The checks in this article are easier to manage when one provider handles service across the firm’s matters. Proceed’s Service of Process uses a national network of vetted, professional process servers with local expertise. Our servers are trained and monitored for compliance on an ongoing basis. We complete 85% of our serves on the first attempt.
To compare providers side by side, the firm can use our E-filing & Service of Process Vendor Checklist.
Service of Process is one of Proceed’s litigation support services. When a matter also needs court filings, our E-filing service is available in select states.
Contact us today to discuss your firm’s service needs.
Frequently Asked Questions
How many attempts does a provider usually make?
Proceed may take up to five attempts, depending on the rules of the jurisdiction for showing diligence. The first attempt is typically made within 24 to 48 hours after documents are received, and rush service typically moves it to within 24 hours. With normal service, attempts can be timed for mornings, evenings, or weekends at no extra charge.
Can one provider coordinate service in several states?
Yes, if the provider has servers in each location. Proceed serves process in all 50 states. A law firm can place multi-state orders with one provider and follow each serve’s status in one place.
What happens if the server cannot find the party?
The next step depends on why the serve failed. If the address is outdated, the firm can request Skip Tracing, which Proceed offers. Skip tracing uses lawfully obtained data sources, automated cross-referencing, and human review to find a current address.
If the party’s location is known but personal delivery and other permitted methods keep failing, counsel may ask the court to approve another method. For example, New York Civil Practice Law and Rules section 308(5) lets the court direct how an individual is served. The court may do so on a motion made without notice when service under sections 308(1), 308(2), and 308(4) is impracticable. The server then serves the papers as the court’s order directs.
How will the firm know that service is complete?
Our clients see the completed serve in real-time status updates, which also show each attempt. Once delivery is complete, our automated proof of service makes preparing the proof almost instantaneous.
