A process server is an individual who serves legal papers. This person serves documents, which may include notices of legal action like summons, subpoenas, complaints and other legal notices to parties involved in the legal process. Their service is part of the notification process.
The National Process Server Network (NPSN) states that process servers fulfill an important function in the protection of due process by establishing that parties are notified of legal actions. It is relevant to note that the rules for serving depend on the state and type of legal proceedings.
What Does a Process Server Do?
The primary responsibility of a process server is to deliver legal documents in accordance with applicable rules. Their duties can vary depending on the assignment, location, and document being served.
Common responsibilities include:
- Delivering summonses and complaints
- Serving subpoenas to witnesses or other parties
- Delivering divorce papers
- Serving eviction-related legal documents
- Attempting service at an identified address
- Maintaining records of service attempts
- Providing documentation about the outcome of service
A process server must understand that legal document delivery is not simply a matter of handing over paperwork. The rules of service of process can establish specific requirements regarding who may serve documents, how service is completed, and how the result is documented.
Why Is Service of Process Important?
The service of process ensures that those in the legal action are officially notified. Notice is important because if someone is not properly notified that a legal action is taking place, that person may not have the chance to reply in the matter.
Incorrect service may cause legal problems, such as objections to the service or delays. NPSN considers incorrect service as a legal risk and highlights training, responding to and archiving of service attempts as the relevant requirement.
With service rules varying by state or jurisdiction, one must look at what is required based on the state or jurisdiction one is involved in.
Types of Legal Documents a Process Server Delivers
The type of service offered by process servers can include serving many legal papers:
- Summons and Complaints
A summons and complaint can serve a defendant as notice that a suit has been filed against them. The rules for serving a summons and complaint differ in various courts and jurisdictions.
- Subpoenas
Deliveries. People served with subpoenas are ordered to testify, testify at a proceeding, or produce documents. Delivery demands for subpoenas need to be grasped by process servers for subpoena assignments.
- Divorce Papers
Process servers can also be used to serve divorce papers. Service of process can be in the form of statutory, special and third-party based on jurisdiction and case.
- Eviction Notices
Service of eviction documents this includes documents in landlord-tenant actions. Because service requirements may vary state by state and city by city, you should review whatever they are in the jurisdiction before service.
Process Server Requirements by State
It is one of the most critical aspects to know that every state has different process server requirements. Some will require licensing or registration, but some don’t. There may also be training or other qualification requirements.
For instance, a person seeking a licensed process server in a statestate should check the rules for statestate and not a state in which the process server is licensed.
NPSN offers resources with legal information for each individual state and a directory with the ability to search for process servers in a location. Its directory consists of choices for various states as well as cities, counties, or service areas.
Ensure to find out about relevant experience, the area served, and licensing or registration requirements of such a service provider before contracting.
Process Server vs. Sheriff Service
Occasionally, individuals inquire for the distinction between process server vs. the sheriff service. While both can physically deliver the legal documents, the options and prerequisites may differ based on the city or county.
A private process server might provide individual document delivery services; sheriff’s officers or other legislatively authorized public officers, provided by the rules of the jurisdiction; or other legislated officers could do service. The manner of service varies on what the legal documents are, and the rules of the jurisdiction.
Contact the appropriate court or legal advisor if you are uncertain as to which of the methods is relevant to you.
What Happens If You Cannot Locate Someone?
One of the most popular problems encountered with process serving is locating someone whose current address is unknown. In these cases skip tracing services or locate reports may prove beneficial.
NPSN considers skip trace and locate reports to be investigative tools that can be used to locate hard-to-find defendants, witnesses, debtors, or other individuals. In addition, it can use records and databases, where available, to generate information on an individual’s location.
Even though, even finding someone cannot do the person served necessarily to establish the service is valid; the process server still has to satisfy the mandatory legal requirements.
If you are attempting to find someone who is avoiding a lawsuit, seek professional advice on what legal options might be available.
Why Choose a Nationwide Process Server Network?
Legal issues may cross city limits, county lines or state borders. For law firms, companies and individuals managing cases outside their home jurisdiction, obtaining local experts may be something important in managing your service network.
A national directory of process servers allows the user to look for service providers in various jurisdictions. The NPSN directory enables searching by state and location, so the user can locate someone in the right area.NPSN also links to private investigators and notaries.
NPSN: Find Process Servers and Legal Support Professionals
The National Process Server Network (NPSN) is designed to connect attorneys, law firms, corporations, and individuals with local process servers and other legal support professionals. Its directory provides location-based search options, while its educational resources help users understand process serving and related services.
Need fast and reliable legal document delivery services? Visit National Process Server Network to connect with trusted legal support professionals nationwide.
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