Process server: what to know

What the job involves, what changes the price, and what to ask a pro.

What process server is

A process server delivers court papers such as summons and complaints to the person named, following delivery rules and providing proof of service. Lawyers and individuals need one when a case is starting or a notice must be formally delivered.

Signs you need it

  • You are starting a case and the other person must be formally notified
  • You need to deliver a subpoena to a witness
  • The person you need to serve moves often or avoids contact
  • A court deadline requires proof that papers were delivered
  • You cannot serve papers yourself because you are a party to the case
  • You need papers delivered to a business, registered agent or workplace

What the pro does

  • Review the documents and the name and address of the person to be served
  • Confirm the rules on who may serve and how in your court
  • Attempt delivery at the home, work or other address, at times likely to find the person
  • Deliver the papers according to the allowed methods, such as in person
  • Record the date, time, place and description of service
  • Complete and return the proof of service for filing with the court

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • The number of addresses and attempts needed
  • Distance and travel time
  • Whether the person avoids service
  • How quickly service is needed, such as same day
  • Time of day, such as evenings or weekends
  • Whether skip tracing is needed to find the person
  • Number of people or documents to serve

What a written quote should spell out

  • Number of attempts included
  • Rush or after hours terms, described in words
  • Whether a locate search is available
  • Whether the proof of service is included
  • Cancellation terms

Questions to ask before you hire

  • Are you registered or approved in this county, if required?
  • How many attempts do you make and at what times?
  • How do you handle someone who avoids service?
  • Do you provide notarized proof of service?
  • Do you keep a log of attempts?
  • Can you serve outside this county or state?
  • How will you update me?

Red flags

  • A server who offers to leave papers with anyone without checking the rules
  • No written record of attempts
  • A promise to serve in a way the court does not allow
  • A server who is a party to the case
  • A server who cannot explain the proof of service

What you can do yourself

You usually cannot serve your own papers, but you can ask the court clerk about the allowed methods, such as a sheriff or a private server. Prepare complete copies of all papers and the best address you know. Speak with a licensed attorney if service rules are unclear.

Licenses and permits

Process servers are registered, licensed or approved in some places and not in others. Check with the court clerk or the state or county office that handles process servers.

Process server questions

Can I serve papers myself?

Usually a party to the case cannot. Ask the court clerk.

What is proof of service?

A signed statement by the server that describes how and when the papers were delivered, filed with the court.

What if the person refuses to take the papers?

Rules differ. A server can explain what the court allows.

Pro reviewers

Pros who offer process server remotely can improve this guide, like Wikipedia. We check every edit before it goes live. Every approved edit is credited in the edit history and on the pro's profile.

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