Not everyone has the right stuff to be a process server. It is a vocation that requires the tact of a diplomat, the instincts of a bloodhound, and the patience of Job. It can be a difficult profession to describe but one that deserves clarity. Why? Because a process server who does the job badly can compromise an entire legal matter.
This article erases six common myths about process servers. It replaces misperceptions with a clear view of the resourcefulness, technical savvy, and almost encyclopedic knowledge about serving legal papers that good process servers must possess. Understanding these facts will help you make informed decisions when selecting professional service of process providers for your legal matters.
Myth 1: A process server’s job involves disguises, danger, and deception
Fact: There are indeed times when a process server must handle a reluctant person or an emotionally charged situation. More commonly, though, the individuals being served accept service without incident and treat a process server as someone who simply is doing their job.
Good process servers know they can’t break the law while serving documents. By obeying the laws, process servers make their own jobs safer, which means they don’t under any circumstances:
- Trespass on private property
- Break into a home
- Pretend to be a police officer or an officer of the court
- Force doors open
- Look in or open mailboxes
- Deliver documents to a minor
- Make threats
Legal and ethical boundaries
Professional process servers operate within strict legal and ethical boundaries. The goal is always to achieve valid service that will withstand court scrutiny, not to employ deceptive practices that could jeopardize the case.
The best process servers understand the minutiae of the local rules that prescribe how documents must be served, who can be served, how service should be completed, and related deadlines. Process servers must continually update what they know and stay abreast of rule changes.
Expertise in jurisdictional requirements
Each state, county, and sometimes even individual courts maintain unique requirements for valid service of process. Professional process servers invest significant time staying current with:
- State statutes governing service methods
- Local court rules and procedures
- Recent case law affecting service requirements
- Changes to acceptable service methods
- Updated proof of service documentation standards
Myth 2: Process servers must physically hand deliver papers to the person being served
Fact: Despite popular belief, a process server does not need to physically put the legal papers into the hands of the person they’re serving. And, contrary to popular portrayals on television or film, they don’t have to say, “You’ve been served!”
While rules vary from state to state, documents are generally considered served when the process server has confirmed the identity of the person being served. At that point, the documents may be handed to the person or left at the door or a nearby place if the person refuses to accept them.
Varied service methods
Valid service can be accomplished through several methods, depending on jurisdictional requirements:
Personal service: Direct hand-to-hand delivery remains the gold standard, providing the strongest legal foundation for service.
Drop and leave: When a defendant refuses to accept documents after identity is confirmed, the process server can state “these are legal documents for you” and place them within easy reach. This constitutes valid service in most jurisdictions.
Substitute service: When personal service proves impossible after diligent attempts, documents may be left with another responsible party at the defendant’s residence or workplace, typically followed by mail service.
Jurisdictional knowledge is critical
Each state, county, and local municipality has regulations and guidelines regarding how and when different paperwork should be delivered. A truly exceptional process server will be able to tell you what they are without losing a beat.
For instance:
- Some jurisdictions require specific times of day for service attempts
- Others mandate a minimum number of personal service attempts before substituted service is permitted
- Certain types of documents may require specific service methods
- Proof of service documentation varies significantly by jurisdiction
Myth 3: Almost anyone can be a process server
Fact: While most states require no special licensing or education to be a process server, the skills and qualities needed to be effective at process serving extend far beyond those for simply delivering documents.
Good process servers are valued for their efficiency, efficacy, and reliability. But a more specific set of qualities separates excellent process servers from the merely adequate. They include:
- Resourcefulness: Ability to adapt strategies to successfully serve evasive defendants
- Patience: Knowing when to wait rather than make multiple unsuccessful trips
- Industriousness: Willingness to work flexible hours and put in the effort to complete difficult serves
- Craftiness: Combining research, investigation, and strategic planning to locate defendants and achieve service
State requirements vary
In California, process servers are required to apply and be registered in the county where they serve. Registration is statewide and the process server must have lived in California for at least one year.
California registration requirements include:
- Completion of registration forms
- Fingerprinting and background check
- Obtaining a surety bond
- Payment of registration fees
- Renewal every two years
Other states maintain different requirements, from no registration at all to strict licensing and continuing education mandates. Professional process servers understand and comply with all applicable requirements in the jurisdictions where they serve.
Professional standards and associations
Many professional process servers belong to organizations such as:
- National Association of Professional Process Servers (NAPPS)
- California Association of Legal Support Professionals (CALSPro)
- State and local process server associations
Membership demonstrates commitment to professional standards, continuing education, and ethical practice. Look for a legal services company with process servers who maintain professional credentials and participate actively in their industry associations.
Myth 4: Process servers only serve legal documents
Fact: The work of a process server isn’t limited to simply handing over documents to the receiving party. A professional server applies specific skills, knowledge, and tools to successfully complete the full scope of tasks associated with service of process.
Knowledge requirements
Getting an individual served and having the service stand up in court requires knowledge of the court rules and service requirements, so process servers must stay abreast of state regulations, research methods, and technology. They must be well-versed in the substance of subpoenas, summons, complaints, and other legal documents.
Professional process servers understand:
- The legal significance of different document types
- Specific service requirements for each document type
- Time-sensitive deadlines that may apply
- Proper proof of service documentation for each scenario
- What constitutes valid vs. invalid service attempts
Research capabilities
Process servers are often tasked with finding hard-to-locate individuals, which requires using both online and offline resources to home in on the location of persons or businesses.
Challenges in locating defendants
- Because people are more mobile than in the past, it can be challenging to locate a current address for someone.
- Businesses that operate as a “dba” or through shell companies can also be hard to locate.
- Considerable research may be required to find a current address before having to petition a court for substituted service.
Research tools process servers use
Process servers use a range of technology to conduct research to locate a person or entity including:
- Search engines for public information
- Social media sites to identify current locations and associates
- Proprietary databases with address histories and contact information
- Public records searches (property records, court filings, utility connections)
- Skip tracing services for particularly difficult cases
- GPS-enabled mobile apps that verify location and record delivery attempts
Use of technology
Arguably one of the most advanced uses of technology by modern process serving companies is a high-performance technology platform for managing their services and workflows.
A technology platform provides a process serving company an online portal for ordering, tracking, and completing service of process. A portal allows a process server to submit, manage, track, and execute each order for service of process anywhere in the nation from a single point.
Technology platform benefits
The technology platform a process server uses should improve efficiency in important ways:
- Eliminate paper controls: Digital workflow management reduces errors and delays
- Enable electronic signatures: Process servers can eSign proof of service documents, eliminating mail delays
- Provide real-time updates: Clients receive immediate notifications when service is attempted or completed
- Centralize documentation: All service records, affidavits, and communications are organized in one accessible location
- Integrate with practice management systems: Data flows seamlessly into law firms’ existing workflows
Process servers with portal technology can typically provide clients superior service because they can better utilize their internal expertise, reduce errors, provide more timely updates to clients, and better prioritize each order.
Myth 5: A process server’s job is complete once the papers have been served
Fact: After serving court documents, one crucial step remains to complete the service of process: The process server must submit proof of service to the court.
Sometimes called an affidavit or certificate of service, proof of service is a document that functions like a sworn statement from the process server confirming the delivery of documents from one party to another in a legal matter.
The critical importance of proof of service
Proof of service also provides a valuable protection to a court case: If a defendant wrongly claims papers were never served, proof of service demonstrates otherwise.
Without properly filed proof of service:
- The court may lack confirmation of proper notice
- Case deadlines may not commence
- The defendant could successfully challenge the proceedings
- Default judgments could be overturned
Common proof of service errors
It may seem like a minor formality, but proof of service performed incorrectly can profoundly impact a legal matter by creating delays or causing a case to be dismissed.
Common errors include:
- Not using the correct form for proof of service based on the type of legal document that was served
- Filling out a form inaccurately or incompletely
- Missing the deadline for filing the original completed proof of service
- Not following the correct process for filing proof of service when substitute service was used instead of personal service
- Failing to include required attachments or supporting documentation
- Incorrect or incomplete description of the service circumstances
Professional proof of service handling
Using a qualified service of process provider will help you know as quickly as possible whether service has been effected and properly completed. A good legal services company generally returns the proof of service within two to three business days from the date service takes place.
The company you work with should send you an email alert notifying you that service has been completed. This means you spend less time following up with vendors and worrying about your order status.
A qualified process server will provide detailed, accurate proof of service documentation including:
- Complete physical descriptions of persons served
- Precise date, time, and location information
- Detailed account of service circumstances
- GPS verification when available
- Proper declarations under penalty of perjury
- All required jurisdictional information
Myth 6: Avoid a lawsuit by avoiding a process server
Fact: Lawsuits cannot begin until a defendant has been properly served. For this reason, some people mistakenly believe they may avoid a lawsuit simply by avoiding service.
Avoiding a process server may delay a lawsuit but it doesn’t mean legal documents cannot be served and the process cannot continue. The courts realize some individuals will avoid service and consequently have established provisions for evasive, hard-to-serve people.
Diligent service attempts
The rules vary among jurisdictions, but many courts require process servers to make at least three attempts to serve someone in person.
Furthermore, some courts may require personal service to be attempted at certain times of day to maximize the likelihood of a successful serve. Process servers document each attempt meticulously, including:
- Date and time of each attempt
- Persons present or evidence of occupancy
- Reasons service could not be completed
- Information gathered that might assist future attempts
Substituted service options
If personal service on an evasive party cannot be completed after multiple attempts, a process server may perform substituted service of process on another person or entity.
Substituted service can include:
- Leaving the papers with an agent of the recipient
- Leaving them with an adult of sound mind at the recipient’s home
- Leaving them at the corporation’s office or place of transacting business
- Posting the papers in a public place and then mailing copies of the documents to the recipient(s)
- In extreme cases, service by publication in newspapers
Requirements for substituted service
The types of parties that may be used for substituted service vary, so a process server must be well acquainted with the local court rules governing substitution of service. Typically, substituted service requires:
- Proof of diligent personal service attempts
- Compliance with jurisdictional requirements for substitute service recipients
- Follow-up mailing to the defendant’s address
- Detailed affidavit explaining why personal service was not possible
- Court approval in some jurisdictions
Service by publication
When even substituted service proves impossible because the defendant’s location is unknown, courts may permit service by publication. This method involves:
- Publishing notice in newspapers of general circulation
- Multiple consecutive weeks of publication
- Affidavit of publication filed with the court
- Court order authorizing this method
While service by publication is the weakest form of notice, it ensures that evasive defendants cannot completely avoid legal accountability.
Why choose Proceed for service of process
Proceed’s nationwide service of process network delivers exceptional results through:
Experienced professionals: Our network includes licensed, registered process servers with deep knowledge of local requirements in every jurisdiction.
Technology-enabled service: Real-time tracking, GPS verification, and electronic proof of service streamline your workflow and provide immediate updates.
Proven success rates: We maintain serve success rates above 90%, with transparent reporting on performance metrics.
Rapid turnaround: Proof of service documents are typically delivered within two to three business days of completed service.
Comprehensive support: Beyond process serving, we provide e-filing services, appellate expertise, and dispute management for complete litigation support.
Transparent communication: Automated email notifications keep you informed of service status without requiring follow-up calls.
Experience the Proceed difference
Put Proceed’s best-in-class service of process to work for you. Make your move to begin receiving court-stamped documents and proofs of service fast and reliably.
Contact Proceed today to discuss your service of process needs, or learn more about Proceed and our commitment to excellence in serving the legal community nationwide.
