Arkansas State Law

Does Arkansas require process servers to be licensed? No, but they must be appointed by the court.

Who can be a process server in Arkansas?

Under Administrative Order No. 20 and Arkansas Rule of Civil Procedure 4(c)(2), the administrative judge of a judicial district (or a designated circuit judge) may issue an order appointing an individual to serve process. This appointment is effective for every division of circuit and district court within that county.

Minimum Qualifications:

• Must be an adult (18+ years old).

• Must have a high school diploma or equivalent.

• Must not have been convicted of a crime punishable by imprisonment for more than one year.

• Must not have been convicted of a crime involving dishonesty or false statement, regardless of the punishment.

• Must hold a valid driver’s license from any U.S. state.

• Must demonstrate familiarity with the documents to be served.

• Note: Individual judicial districts may prescribe additional qualifications with the concurrence of the circuit judges.

Arkansas Rules of Civil Procedure

The laws concerning civil procedure and process serving can change.

Rule 4. Summons

• (a) Issuance: Upon filing a complaint, the clerk issues a summons to the plaintiff or their attorney, who then delivers it to an authorized process server.

• (c) Authorized Servers: 1. The Sheriff of the county (or deputy), provided they are not a party to the action. 2. Any person appointed pursuant to Administrative Order No. 20. 3. Any person authorized by the law of the place outside the state where service is made. 4. For service by mail or commercial delivery, the plaintiff or their attorney of record.

Rule 4. (f) Personal Service Inside the State

Service must be made as follows:

• Natural Persons: Delivering the process to the defendant personally. If they refuse, it may be left in close proximity after making the purpose clear. It may also be left with a family member (18+) at the defendant’s residence.

• Corporations/LLCs/Partnerships: Service shall be made on the registered agent, an officer, a managing/general agent, or any agent authorized by appointment or law.

• Incarcerated Persons: Service is made on the administrator of the institution, who must promptly deliver it to the prisoner. A copy must also be sent to the prisoner via first-class mail marked “legal mail.”

Rule 4. (g) Alternative Methods of Service

• Service by Mail: Must be sent via Certified Mail (return receipt requested) with delivery restricted to the addressee.

• Commercial Delivery Company: The company must obtain signatures, maintain permanent records, and be approved by the circuit court where the action is filed.

• Warning Order: If a defendant’s whereabouts are unknown after diligent inquiry, service may be made via a warning order published in a newspaper or posted at the courthouse (for indigent parties).