What Do Process Servers Do?

Process servers are an important part of the legal process. Hiring an experienced process server can mean the difference between having your matter heard or having your matter continued or dismissed.

In some situations, process servers provide defendants with notice of a pending lawsuit and uphold due process of law. Other times process servers serve amended pleadings, orders, hearing notices, subpoenas and other tools of discovery, or “other papers.”

Many times process servers are hired to meet a procedural requirement. Other times they are hired in an abundance of caution to make sure the opposing party receives a demand letter, pre-litigation notice, or even motions and orders.

Don’t We Have Sheriff’s Deputies for That?

When procedural rules allow the use of process servers, they can work closely with an attorney or paralegal to plan a course of action that increases the chance of a favorable outcome. Process servers have much more flexibility than a sheriff’s deputy or delivery service. A sheriff’s deputy or delivery service will have other duties and are usually unable to serve your target at the precise time needed, especially if there is a narrow window of opportunity. Process servers also have the ability to wait for targets to show up at designated locations if the target is not immediately available.

Process Servers are More Than Couriers

There is much more to process serving than just handing someone paperwork. A good process server is organized, has great people skills (getting intel from a nosy neighbor about the target’s comings and goings), is adept at tracking down the target (when provided the right information), has great attention to detail (cars have been moved, blinds have been closed, the dog was inside and is now in the backyard), and has the ability to adapt quickly to a range of circumstances – any of which could go terribly wrong at any given time.

They must also be creative when serving targets that are notorious for avoiding service. Any process server that has been in the field for more than a few years can tell you dozens of stories about people attempting to evade service by lying about their identity, refusing to come to the door, or making threatening comments or gestures. Some process servers have had to fend off dogs, walk away from a drawn firearm, avoid being hit by a car, and other types of dangerous situations. Occasionally, a process server may even need to contact local law enforcement for assistance when they are trying to carry out their duties and a target threatens violence. Process servers are frequently sent into questionable situations with very little information about their target.

Process Servers May Ask a Lot of Questions, But There is a Reason for That

At times, when legal professionals are crunched for time, they may expect a quote, timeframe for service, or other detailed information without providing information the process server needs to answer those questions. Just as attorneys have initial consultations before giving legal advice, process servers need additional information before they can give accurate answers based on a particular set of facts. Process servers understand urgency, but are better prepared to answer questions if they have all the information needed.

Information to Provide Your Process Server

A great process server will be organized and ask the right questions. Below is an excerpt of information that we routinely request at Tracker Legal Services and that you may want to provide to your process server as a matter of practice.

What is the Case Name and Case Number?
What is the name of the person (target) you are attempting to serve?
Does the target have any nicknames or aliases?
Does the person to be served work? If so, please provide the address and work schedule as completely as possible.
If we are serving documents at a residence, please let us know whether the person to be served rents or owns their home.
Please also let us know whether the person to be served lives alone or whether there may be other adults (or others of appropriate age) living in the home that may accept service.
Please let us know if your state, for these particular documents, allows us to serve another person that confirms they live at the property instead of the specific person we are trying to serve.
If you answered affirmatively (yes) to the question above, how old must the alternate person be to accept service?
Please provide the year, make, model, and color of the vehicle or vehicles the person to be served drives.
Please provide any social media websites that this person may use to assist with identification. If you have photographs that do not have a URL, you can email them to [email protected].
Is the person to be served aware that we will be trying to serve them? Are they avoiding service at this time and have you attempted any other service methods?
Please provide at least one cell phone number to a person who has decision making authority if we run into an issue that requires a change in plans/methods. This person should be available to answer calls in the evening or on weekends if necessary.

Questions to Ask Before Hiring a Process Server

As a final word, because process servers are not regulated by the state, there are a lot of businesses that pop up overnight and disappear just as quickly. There are also process servers who are not familiar with procedural rules. Sometimes legal professionals skip asking important questions because they have a narrow window of time to complete service. But, asking these questions before you hand your documents over to be served can save you a lot of hassle.

Ask how long they have been in business. If they have been in operation for less than a year or two, they may not have the experience needed to do the job well.
Do they have a good understanding of the Rules of Civil Procedure? Do they know what constitutes good service?
Do they have a website? There’s a good chance that you found them on Google so you may have seen their website. But, there are also some websites that provide lists of process servers you can call. Make sure you go to that particular business’s website. If it looks like it’s thrown together haphazardly, it may be best to move on to someone else.
Do they have references from other legal professionals? Even if you choose not to follow up on those references (although you probably should), asking for them can give you some insight into whether they have good working relationships with other attorney-clients.
This isn’t really a question, but make sure you check Google reviews. If there are only 3 or 4 reviews, it’s difficult to know if the reviews are legitimate. If Google shows 30 or more excellent reviews, there’s a better chance you will have your desired outcome.
Do they make court appearances if the person they served contests service? This rarely happens, but you don’t want to find out that your process server has an issue with appearing in court. The last thing you want to do is subpoena your own process server to testify on behalf of your client.

We hope you find this information useful and that it gives you a different perspective on the role of a process server in the legal process. If you have any questions or concerns, don’t hesitate to contact us at [email protected].

Tracker Legal Services has been serving attorneys in Mecklenburg County and surrounding counties (including S.C.) since 2011. You can learn more about their services by visiting their website at www.trackerlegalservices.com, calling 980.335.9594, or contacting [email protected].

The Paralegal Division Blog is managed by the Division’s Communications Committee. Via the blog and listserv, the Communications Committee provides information written by attorneys, paralegals, and other experts designed specifically for paralegals in the areas of substantive law, ethics, technology, paralegal practice advice, and more. If you are interested in volunteering with the Communications Committee, please contact the Communications Committee Chair, Alicia Mitchell-Mercer, at [email protected]. If you are interested in joining other Division committees, you can review a list of committees and sign up here. You may also wish to participate in the Division by using our virtual suggestion box to submit suggestions/ideas to the Division Council, submitting a proposed blog post, nominating a paralegal for Paralegal Spotlight, or completing the Paralegal Spotlight Questionnaire if you are nominating yourself.

October 6, 2020/by Paralegals