Sunbelt Blog

Choosing a Process Service

Process service providers specialize in serving legal documents such as subpoenas, citations, writs, complaints, and other documents issued by the courts to the individuals specified in said documents. In general, the person serving these documents is an impartial third party. In some instances, only a sheriff or constable can serve specific documents. Laws regulating process services vary from state to state with some states requiring licensing.

For example, in Texas, individuals providing process services must be licensed, which requires mandated continuing education, training, and successful passage of a licensing exam. Whether licensing is required in your state or not, look for a process service provider that has demonstrated a commitment to the trade through continuing education, professional associations, and other ongoing involvement in the industry.

Process service providers often provide other legal services with process serving being a portion of their businesses. For example, private investigators often serve legal and civil process documents as well as conduct private investigations. As licensed private investigators, again this varies by state, private investigators may be authorized under their existing licenses to act as process servers and thus, not required to obtain a separate process server license.

Sworn peace officers such as marshals, constables, and sheriffs are also often called upon to serve process of service papers, especially when a writ requires detaining a person or possession as part of the process.

In some states, non-licensed individuals are allowed to serve civil process documents, usually up to a certain number per year, as long as they are not parties to the case. While it may be tempting to save a few dollars by having a friend serve the documents, doing so could be problematic as non-registered process servers do not have the training and expertise to carry out the law. If the paperwork isn't filled out properly, the case could be delayed or the process deemed invalid.

When choosing a process service provider, it's smart to choose a licensed provider who fully understands the state and local regulations governing the process. In addition to the legal knowledge required, process servers must also be skilled in dealing with irate people. For example, it's not unusual for a person being served to become agitated and upset. The old saying, "Don't kill the messenger" comes to mind as the individuals tend to take out their frustrations on the process server. Because of the danger involved, make sure to ask about insurance and bonding.

Serving legal documents is a job that requires expertise, interpersonal skills, and some degree of risk. In some states, it also requires licensing to ensure that all of the above are adequately adhered to through training, testing, and insurance and bonding requirements. If you're in the market for a process server, look for a process service provider who takes the business of process serving seriously: look for a true professional.

Nationwide professional process service providers often have higher standards and expectations than the state that you're in. Because serving papers is a business, process servers employed by these providers are expected to adhere to the state's requirements as well as to the company's standards. Look for a company with high expectations, experience, and a commitment to providing you with timely, consistent results.

Have you used a process server recently? What were your experiences? We'd love to hear about it.