We probably aren't what you think we are from television and the movies. While many people may have come across a process server before, we would argue that very few actually understand what a process server does and why we exist. Servers perform the critical step in the legal system of ensuring every individual has their constitutional right to fair and due process.

Process servers are licensed civil agents who deliver official documents between courts, lawyers, and individuals ensuring that all parties have been notified of a legal proceeding. In the United States, you have the right to defend yourself from all accusations, and servers ensure you know when and where to show up to do just that. Under the current law of the land, that notification must be done in writing and delivered by an individual who is not party to nor have ANY ties to the matter at hand. This impartiality ensures a server has no reason beyond "ensuring proper service" to deliver the document. Serving ANYBODY should never be done in a way as to embarrass, belittle, or insult any individually. Nor may a server be deceptive in their language or actions to complete service.

In the United States, all citizens are ensured the right to "Due Process" in the Fifth Amendment. Specifically, "no one shall be deprived of life, liberty, or property without due process of law." The Due Process Clause creates a central promise that all levels of American government must operate within the law and provide fair procedures to all persons. The Fourteenth Amendment also expanded due process protections to all U.S. citizens regardless of gender, race, or religion. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.

Procedural Due Process, is generally where a process server comes into play. Procedural due process requires that when a government acts in any way that may deny a citizen life, liberty, or property interest, the person must be afforded appropriate notice, the opportunity to be heard, and a decision by a neutral decisions maker.

Process Servers ensure appropriate notice has been given. Emails can be ignored. Mail can be lost. Phone calls can be faked.

A face-to-face delivery is the ONLY infallible way to ensure proper Due Process. Process Servers provide an affidavit of service for every service they do, and will show up to defend them in court if a subject attempts to lie.

In all legal matters, there must be proof that can be used in court to verify an individual was provided their right to Due Process. When a process server delivers documents to an individual, they also generate a legal document known as an "Affidavit of Service", in which a server will document the time and date, location of service, and often physical descriptions of the subject. It is not uncommon for modern Affidavits of Service to also include a photograph of the home or individual taken during the time of service. This affidavit is the most critical component of a proper Service. This affidavit serves as evidence to the court that the individual has been "served" properly in accordance with the law of the land. All affidavits are notarized and provided to the client promptly once service is completed.

Occasionally, a subject may choose to challenge an affidavit on grounds that service was improperly conducted, which is why it is vitally important that servers are intimately familiar with the service law of the cities, counties, states, and countries they server within. Servers may be called upon to defend their affidavits in court, and as such often keep detailed records on the subjects and services completed. These records can include written notes, photographs, videos (many of us wear body cameras), GPS data, and timestamp records.

We serve many types of documents from many different sources, but by far the most common are;

• Summons - A summons is an official notice of a legal action.

• Complaint - A complaint explains the legal action being brought forth in the court

• Subpoena -  A subpoena requests documents, evidence, or your attendance in court as a witness.

• Writ - A writ is a document from the court demanding a defendant "do" or "stop doing" something. Garnishments are by far the most common form of Writ, but MANY types exist.

• Court Papers - While more rare in the digital age, servers are ocassionally called upon to deliver court papers between lawyers and courts. Most often this takes place when a law firm from out of the area needs to deliver legal copy to a judge for review prior to a trial. 

• Sealed Bids - Again, increasingly rare in a digital age, but sometimes servers are hired to deliver sealed bids for large-scale or especially sensitive projects. 

• Eviction Proceedings - Landlord-Tenant relationships can be complicated, and ensuring proper service is crucial when working to evict problem tenants. Process Servers are experts in de-escalation and trained to deliver/post these very important documents as the law requires.

• Divorce & Family Documents - Documents pertaining to seperation and family disputes. These are frequently very "tense" moments and a skilled server knows how to serve these documents without escalating the situation.

Why Do You Need a Process Server?

Hopefully, at this point, you have an understanding of what a process server does. If you are taking legal action, you or your lawyer will need to hire a process server to deliver the important court documents. It is important to keep in mind that in some states and/or counties, civil process service is only allowed to be carried out by the sheriff or constable. However, anyone who is serving process is, for all intents and purposes, a process server.

How Do You Find a Good Process Server?

Obviously, as we explained, a process server is upholding a constitutional right that all Americans are afforded by the United States Constitution. But how do you find a process server who will do the job — and do it right? Each state has different regulations that dictate what training, certification, age, etc. a process server must have. Additionally, as new legislation is introduced, it is a process server’s job to stay current with these changes and adjust their process accordingly. For example, a new law could be introduced that civil process service could not be completed on a Sunday or a holiday (this is a law in some states); it would be a process server’s responsibility to stay on top of that change and act accordingly. Process servers who engage with and who are part of process server associations like NAPPS are kept apprised of changing laws and regulations, take part in professional development, and take pride in their work. You can find a process server in our nationwide directory.

If a dictionary were to supply a process server definition, it would read something like, “A process server is a trained professional who serves legal documents to defendants who are named in a court proceeding.” It sounds simple, but their role in the legal process is crucial. Process servers are unbiased third parties whose job is to deliver legal documents — often by hand –– to defendants. While performing that duty, they must also provide proper documentation that complies with local laws and keep proper records of their service of process that would be admissible in court should the need ever arise. Different states have different requirements when it comes to the licensing, certification, and registration of process servers. It’s essential that your law firm uses a process server that is compliant with all relevant laws in their jurisdiction.

What Is Service Of Process?

It would be fundamentally unfair if someone could be sued without knowing they had been sued — and lost the opportunity to be aware of or contest the suit — and lost their case as a result. Enter the role of process server. Process servers are trained to find individuals and ensure that they are given notice of a legal action that is being taken against them. Proper service of process is required before a legal proceeding can get underway. Whether the person who is served decides to avail themselves of legal counsel or not following service of process is of no concern. Merely being put on notice is enough. A defendant ignores the serving of legal documents at their own peril.

Discover tips for ensuring fast and successful use of process servers.

What Needs To Be Served?

You can’t simply declare you’re going to sue somebody and leave it at that. You must follow the proper legal process. A lawsuit begins when a petition or a complaint is filed with the court. At that point, the court will issue a summons. A summons outlines the complaint and serves as a formal notice to a defendant that a lawsuit has been filed against them. Additional documents beyond the summons may need to be served to the defendant, depending on the nature of the lawsuit as well as regulations specific to the defendant’s location. In every situation, a defendant must be given documents that are accurate and true.

Who Needs To Be Served?

As you have probably gleaned by now, people need to be served. However, if a lawsuit names more than one defendant, then each and every adult who is listed in the lawsuit must receive service of process. It’s also important to note that service of process is not limited to people. Corporations, partnerships, counties, cities and other entities that may be the subject of a lawsuit must also be given court documents. Of course, a process server can’t simply walk up to a company’s headquarters, slap a document against the window and call it a day. Typically, documents must be delivered to an agent who is acting on behalf of the entity named in the lawsuit. There may be different requirements for serving process, depending on the type of entity being sued and what they’re being sued for.

Who Can Take On A Process Server Job?

In general, most states aren’t overly restrictive when it comes to the requirements for working as a process server. Although regulations differ from place to place, most of the time a process server must be an unbiased third-party. That is, an adult who has no interest in the case at hand. Neither the plaintiff nor defendant can serve one another with legal documents, nor can the person who is acting as the process server benefit from or otherwise be affected by the outcome of the case. Some states have additional requirements, including a residency requirement or certification for process servers. In every instance, it’s crucial to follow state regulations concerning how process is to be served, when service attempts may be made and how the service is verified.

Many jurisdictions also allow law enforcement officers or local sheriffs to serve process. Because regulations can differ from place to place, and are often complex, it’s best to use a licensed process server to ensure that you avoid any type of liability or otherwise impact the outcome of your case due to an error being made when the documents were served.

See how an efficient and successful process server can aid your law firm’s success.

What Constitutes Proof Of Service?

Proof of service, sometimes referred to as return of service or, when notarized, an affidavit of service, is a document that must be filled out according to local regulations in order to complete the service of process in most states. The person performing the process server job must sign the proof of service, effectively swearing under oath that service was carried out. The document records the who, what, where, when and how of the papers being served. Once this form is complete the process server is legally liable for any issues that may arise from how the process serving was performed.

Find Out More About How ABC Legal Can Help Your Law Firm

It can be stressful to trust in the credentials presented by an independent process server. Some servers may be great at their job, while others may be lacking in certain skills. Also notable is that firms that handle cases in multiple states may work with multiple process servers governed by different requirements according to location. Vetting the expertise and credentials of the process server can be challenging—unless you work with the right partner.

When you need to use a process server, working with a reputable company such as ABC Legal can put your mind at ease. ABC Legal has a network of process servers around the country who can quickly and efficiently deliver legal documents to the intended parties. You can count on ABC Legal to ensure that your next process server will have the appropriate expertise and will abide by state rules and regulations.

Say goodbye to the days of wildly inconsistent process servers. ABC Legal can help ensure your documents get to the right person, on time. To learn more about how ABC Legal can help your law firm, we invite you to start a conversation with us or place an order in minutes to see how easy service of process can be.

In some cases a service request will result in a "Proof of Non-Service". This document is generated when:

1. A server has determined a subject has moved away, is deceased, or incarcerated.

2. A server has attempted to locate the subject at the given address enough times to meet "due diligence". This usually requires a visit before 11 AM, a visit between 12-3 PM, a visit after 6 PM, and one visit on a Saturday or Sunday. 

3. A server has made contact with the current residents and the subject does not reside at the residence. We will generally document names of current residents and provide additional supporting information.

4. A server has determined the residence or business to be vacant.

A Proof of Non-Service, or rather a few of them (usually just one attempt is not enough) can be used in legal proceedings to show that you, the plaintiff or petitioner, made a best-faith effort to locate the subject and provide appropriate Due Process.

If we receive any helpful information in the field while attempting to service, we will provide it in addition to any relevant Proof of Non-Service. You may choose to request additional services at the new address or ask us to run a skiptrace, which may help locate the subject.