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Introduction to Process Service

A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.

United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law.

Process serving laws and rules of civil procedure are different from state to state. You should visit the State Rules of Civil Procedure section of Serve-Now.com to learn more about service of process in your state.

One type of service is called "substituted service". This legal process of service is when the documents are left with an adult resident of the named party at the target's home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.

Yes, is the short answer. Most process servers offer a suite of legal support service including document filing and eFiling (electronic filing). It is likely that you will have to pay an additional fee for this service.

An Affidavit of Service, also called a Proof of Service, is a signed document provided to you by your process server upon completion of serving your documents. Proof of Service states when, where, and who was served. There are a number of other affidavits that can be provided to you as a client. For instance, an Affidavit of Due Diligence may be provided if the person to be served cannot be located.

You cannot serve papers for a case that you are involved in. Depending on your location, you may be able to serve papers yourself if you are 18 years or older and not a party to the case. However, other states require licensing or registration to be a professional process server. Read more about becoming a process server on our help page.

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6 Things Process Servers Can't Do

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Hiring Process Servers

The national average is $45 - $75.

Process serving rates can vary from case to case and state to state. Same-day or rush serves are typically billed at a higher rate. The cost of a routine serve (a serve that is first attempted within 5-7 days of receiving the papers) can be as low as $20 and can go up to $100, but the national average is somewhere between $45 and $75. At ServeNow.com, we recommend you contact multiple process servers that cover a particular area. You will want to ask them about cost, TAT (turn-around-time), and the number of attempts.

You may incur additional mileage fees or skip tracing fees if you need the person located or is evasive. Additionally, if you have a rush serve, a same-day serve or you need papers served the next day or on a holiday you can expect to pay more.

When getting a price quote from a process server you will want to ask a couple of questions… "What is your turn-around time? (How quickly can you get this done?)" and "How many attempts do I get at the quoted price?".

Typically you will want to hire a process server where the papers are to be served. Process servers are trained and certified by their state, so hiring an individual where the papers are to be served ensures that they are following that state's rules and regulations. Furthermore, process servers may charge mileage fees, so hiring a process server nearby will help reduce costs.

Additional Help Articles

How to Hire a Process Server

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Getting Papers Served

1 Hire

Agree on price and service details.

2 Send

Send paperwork to the server.

3 Serve

Process server effectuates process.

4 Mail

Signed affidavit is mailed to you.

For standard serves, the typical time to serve papers is 5-7 days.

Turn-around-time (or TAT) can vary from process server to process server. However, this is something that can be determined in most cases by you, which usually leads to a higher cost. Most process servers offer rates for the following speeds of service:

• Same-Day Service
• Rush Service (first attempt usually within 3 days)
• Routine Service (first attempt with 5-7 days)

In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away. In some states, proper service is effectuated if the person admits to being the defendant and/or they actually touch or are touched with the papers. Please refer to the service of process laws in your state or contact a professional process server to ensure that process service is carried out accurately and legally.

Can papers be faxed or mailed to a process server?

In many cases, you will be able to fax or email papers to the process server. You will need to find out if the original papers need to be served before determining how you will get the papers over to the server.

Additional Help Articles

How to Serve a Subpoena

How to Serve Divorce Papers

How to Have Legal Documents Served in Another State

Additional Legal Services

ServeNow members are professional process servers. However, process servers often provide additional legal support services alongside service of process. Ask a ServeNow server if they offer any of the below services that you may need for your legal court case.

Questions about ServeNow

ServeNow is a network of process servers. We help lawyers, businesses, private individuals, and more locate reliable process servers where they need papers served.

Anyone needing to hire a process server should utilize ServeNow.com to find pre-screened local process servers. This includes but is not limited to legal professionals, collection companies, corporations, government agencies, and the general public.

You can use the search bar found on any page on ServeNow.com to search where you need papers served! A list of reputable process servers will appear for you to review and contact.

More information can be found on process serving at ServeNow.com's Process Server Glossary.

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Source: https://www.serve-now.com/resources/faqs

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