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Service of process is the procedure employed to give legal notice to a person (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents (called "process") to the person to be served.

Service
Each jurisdiction has rules regarding the means of service of process. Typically, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.

Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to litigation.

Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure. In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998.

Service on a defendant who resides in a country outside the jurisdiction of the Court must comply with special procedures prescribed under the Hague Service Convention, if the recipient's country is a signatory. Service on defendants in many South American countries and some other countries is effected through the Letter Rogatory process. Where a defendant's whereabouts are unknown, the Court may permit service by publication, usually in a newspaper.

In the past people did not have the right to know that there were legal proceedings against them. In some cases, they would only find out when magistrates showed up with the sheriff and seized their property, sometimes throwing them into debtor's prison until their debts were paid. The Fifth and Fourteenth Amendments to the United States Constitution prohibit the federal and state governments from depriving any person of life, liberty or property without due process of law. Therefore the process server is "serving" the recipient with notice of their constitutional right to due process of the law.

In ancient times, the service of a summons was considered a royal act that had serious consequences. It was a summons to come to the King's Court and to respond to the demand of a loyal subject. In ancient Persia, failure to respond to the King's summons meant a sentence of death. Today the penalty for ignoring a summons may be entry of a default money judgment that can subsequently be enforced.

Manner of service
Personal service by process server
Personal service is service of process directly to the (or a) party named on the summons, complaint or petition. In most lawsuits in the United States, personal service is required to prove service. Most states allow Substituted service in almost all lawsuits unless you are serving a Corporation, LLC, LLP, or other business entity; in those cases, personal service must be achieved by serving (in hand) the documents to the "Registered Agent" of a business entity. Some states (Florida) do not require that the documents actually be handed to the individual. If the individual refuses to accept service, flees, closes the door, etc., and the individual has been positively identified as the person to be served, documents may be "drop" served and it is considered a valid service.

American Common Law Legal
In most common law systems the service of process is effectuated by a process server who must be an adult, not have a criminal record and (in most jurisdictions) not a party to the litigation.

Most jurisdictions require or permit process to be served by a court official, such as a sheriff, marshal, constable or bailiff. There may be licensing requirements for private process servers, as is the case in New York City, Alaska, Arizona, California, Florida, Illinois, Montana, Nevada, and Oklahoma. Texas process servers are currently certified by order of the Supreme Court, and are regulated through the Process Server Review Board, consisting of members of the industry authorized by the Supreme Court.

Other jurisdictions, such as Georgia, require a court order allowing a private person to serve process. Many private investigators perform process serving duties. Texas also has a required training course which must be completed prior to certification.

An example of such a license would be in Rhode Island, where an applicant must complete 90 days of training with a constable that has 'full powers'. Once the 90 days of training is complete, a test is given at the local courthouse from the laws included in the constable manual. Once an applicant passed the written exam one will be scheduled for an oral interview with the disciplinary board. If they find the applicant to be competent they will pass a recommendation to the chief judge which will then swear in one with 'limited power'. These constables can only serve within the county they are appointed. After one year, a limited power constable can apply for his/her full powers to arrest, evict, and be able to serve state wide.

Substituted service
When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual such as cohabiting adults. Under the Federal Rules, substituted service may only be made at the abode or dwelling of the defendant. FRCP 4. California, Illinois, and many other U.S. jurisdictions require that in addition to substituted service, the documents be mailed to the recipient. Substituted service often requires a serving party show that ordinary service is impracticable and that substituted service will reach the party and effect notice.

In addition, substituted service may be affected through public notice followed by sending the documents by Certified Mail.

Service by mail
Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail is not available if the country of destination has filed objections to service by mail pursuant to the multinational Hague Service Convention.

Voluntary acceptance of service (United States)
As a substitute for personal service by a process server, many jurisdictions encourage voluntary acceptance of service, also called waiver of service (although other ways exist by which service of process may be waived). The summons and other documents are mailed to the party to be served, along with a request to sign and return a form of acceptance of service, or acknowledgment of service.

Acceptance of service means that the served party agrees to acknowledge receipt of the complaint or petition without the need to engage a process server. Failure to accept service voluntarily means that the party to be served will be liable for the cost of effecting formal service, even if the plaintiff's action is otherwise unsuccessful. In U.S. federal court, and in many state courts, voluntary acceptance of service entitles the defendant more time to file an answer.

Agent for acceptance of service
In some instances, delivery to an agent for acceptance of service or "Registered Agent" can substitute for personal service on the principal party to be served. The Registered Agent is a person or company authorized in advance to accept service on behalf of the served party. For example, most corporations are required by local law to have an agent for acceptance of service in each jurisdiction where they are active. The identity of the agent for service can usually be ascertained from company filings with appropriate state agencies.

Return of service
Once service of process has been effected, the responsible officer or process server must typically file a return of service or proof of service or "Affidavit of Service" with the court (or convey one to the plaintiff to file with the court). The return of service indicates the time and place at which service was effected, the person served, and any additional information needed to establish that service was properly made. It is signed by the process server, and operates as prima facie evidence that service of process was effectively made.

Process serving laws (United States)
Many states have process serving laws that govern the way service of process is effected, the licensing requirements to effect service, the forms to be used and the time deadlines that service of process may be accomplished upon individual respondents and corporations. For example, in New York service of process may require licensing of the process server. Generally, there are specific procedures and rules for most courts, from local small claims courts to United States District courts. Each court has specific rules, forms, guidelines and procedures which must be followed in order to successfully effect service of process. Failure to follow these guidelines may deem the attempted service improper. Indeed many defendants in court hearings use the affirmative defense of "I was not served" as an often successful line of defense in any lawsuit. Not surprisingly, this defense tends to be effective in many cases because service of process upon defendant did not follow legal procedure. As for United States federal courts, service of process rules are in the Federal Rules of Civil Procedure, upon which most state service of process laws are based.

Trespassing
In nearly every state of the United States, process servers are restricted from trespassing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. Gated communities and apartment buildings have created a difficulty for process servers, however, most are required to allow process servers to enter them.

In California, "Registered Process Servers" are granted "...a limited exemption against trespassing." This allows servers to enter a private property for a reasonable period of time to attempt service of process. Similarly, in California, gated communities which are "...staffed by a security guard, or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going." This does not prevent the security guard from contacting the resident and alerting them that a process server is on his way to their residence.

In Washington State, "Registered Process Servers" are granted a limited exemption or affirmative defense against trespassing:

The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

Deadlines
Most states have a deadline for completing service of process after filing of the summons and complaint. In New York, for example, service must be completed in 120 days after filing for almost all cases,[4] and Hawaii State Circuit Court rule 28 requires service in a civil lawsuit must be effected within 6 months from commencing suit.[5]

Dies non juridicum
Some states prohibit the delivery or serving of documents on Sundays, holidays, and/or election days (dies non juridicum). However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order.

According to various laws, service of process cannot be performed on Sundays in Florida, Maine, Massachusetts, New York, Rhode Island, South Dakota, Tennessee (unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on election days or at a place of religious service on Sunday in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time.

Advantages
Can Speak with the Process Server, email, telephone, fax and discuss your needs... personalized service and the ability to customize services and affidavits!

The chief advantage of using a professional process serving company is that they are generally faster than other forms of service, and can, if need be, later be called to testify or give testimony by affidavit that process service and / or original service was effectuated in accordance with he rules of service, which is important in proving personal jurisdiction.You should use a process server to deliver your summons, writ or complaint to prevent defendant's from escaping service.

References

Checking a process servers references is always a good idea. Many process servers are member of NAPPS (the National Association of Process Servers), or other state or regional process server organizations. Affiliation with NAPPS or other organizations can show a level of professionalism in a process server. NAPPS and some state organizations require process server members to adhere to high standards when serving process, and discipline or remove servers for not living up to these rules and codes.

PROCESS SERVERS:
Process servers are the professionals who deliver legal paper work for a living. These professional servers provide delivery of legal documents on a routine basis and are thus experienced in the logistics and practicalities of accomplishing process service. They may serve papers locally, or throughout the state or country.

Motto / Mission
A Worldwide Organization Founded on the Principles of Professionalism and High Ethical Standards. Our database of Process Servers is a collection of the most outstanding individuals in the profession.

Service of Process
For purposes of these Best Practices, "Primary service" of process refers to the service of initial or other process intended to acquire jurisdiction over a person or property. "Secondary service" of process refers to the service of subsequent papers exchanged between the parties following service of initial process. These Best Practices refer to both Primary and Secondary service of process.

The word or phrase "effected" refers to the date that legal process is delivered, sent or transmitted to a party.

The word or phrase "completed" refers to the date that legal process is legally binding upon a party. This date may be the same as when legal process is personally delivered to a party, or when presumed by law to have been received by a party.

Service of process or other papers for the purpose of acquiring jurisdiction over a person or property should be performed by a disinterested third party.

The preferred and most effective method of service of process upon a party is in-person delivery of process to the named party.

When in-person service upon a named party cannot be effected, the next best method of service should be in-person delivery of process to a person authorized by court rule or statute to deliver process to on behalf of the named party. For example, this includes such person as "member of household," "person apparently in charge at a usual place of business," "person of suitable age and discretion," "parent," "guardian," "registered agent" and "statutory agent,".

When service cannot be effected as described in 3 and 4 above, the next best methods of service is alternate methods authorized by court rule or statute upon a demonstration of the fact that service cannot be effected by the methods in 3 and 4 above. This would include service by mail, posting, publication and electronic means. If service is authorized in a manner other than by in-person delivery, service should not be deemed completed until at least three days after service is effected, unless acknowledged by the recipient.

When service cannot be effected by any of the methods described above, the Court, upon a showing that service cannot be effected by any of these methods, may order service to be done in a manner reasonably calculated to provide actual notice to the party.

PROOFS AND AFFIDAVITS OF SERVICE

Preamble
These Best Practices are intended to recognize and establish guidelines for the proper preparation and execution of proofs or affidavits of service.

Process Server's Work Product
The work product of a professional process server is the proof or affidavit of service submitted by that person attesting to the fact that a particular person or entity was given legal process in a manner prescribed by law. The proof or affidavit of service is what the courts rely upon to determine whether jurisdiction has been acquired over a particular person, entity, or property. The proof or affidavit of service must be beyond reproach.

Unsworn Declarations Made Under Penalty of Perjury
An Unsworn Declaration made under Penalty of Perjury is a written or printed recitation by the process server of the facts and circumstances surrounding the delivery of legal process to a particular person or entity consistent with applicable state or federal court rule or law. The declaration is to be signed only by the person making the statement.

Affidavits of Service
An “affidavit” is a written or printed declaration or statement of facts made voluntarily, confirmed by the oath or affirmation of the party making it, and taken before an officer having the authority to administer such oath. An “affidavit of service” is intended to certify the service of a writ, notice or other legal document.

Signatures
An Affidavit or Proof of Service may be signed using a variety of methods. Wet ink, an electronic signature (signature image), or a digital electronic signature with third party verification and date stamping are all valid. No matter what the method of signature, such signature should always be effected by the person who actually performed the actions being attested to. Designating another person to cause the server's signature to be affixed to an Affidavit or Proof of Service is specifically not condoned.

Notary Public
A Notary Public is a person commissioned by a particular state jurisdiction to perform a variety of notarial acts. Among these, the Notary Public is vested with the authority to administer oaths, and execute jurats.

Jurat
A jurat is a certificate by the person before whom a writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn. Before executing a jurat, a Notary Public must be satisfied as to the identity of the signor, and the voluntary nature of that person’s signature. The signing of the affidavit, and the execution of the jurat, is required by all states to be done at the same time in the physical presence of each other.

The jurat initiates a legal process that could eventually result in criminal conviction and punishment if the signor is later found to have lied.

The Role of Notary Public in a Process Service Office
A Notary Public, whether employed in a process serving business, or not, must adhere to the state laws regarding Notary Publics within the jurisdiction where he or she has been commissioned. These duties and obligations transcend other duties that may be assigned by an employer.

Content
A proof or affidavit of service must accurately state the date, time, place, and manner of service, and any additional information that would reflect how delivery of process or other legal document was made to a person or entity served. When required, a proof or affidavit of service should also reflect the description or relationship of that person to the person or entity served, and the military status of the person served.

Record of Event
A separate, permanent record should be maintained by the process server, or by the employer on his or her behalf, and must be available for inspection by the process server, court, or the person requesting service.

Comment
These guidelines address three important aspects of proofs or affidavits of service: content, signature's) and record keeping. They are designed to ensure that the proofs or affidavits of service be completed and signed by the person making service. The traditional and fundamental components of proving service must be maintained. The process server must attest to the facts under penalty of perjury, or by sworn affidavit, and personally sign, or, where permitted by law, cause his or her signature to be affixed electronically to, the proof or affidavit of service.

It is not proper for a proof of service to be signed before completion, or signed in blank to be completed later. It is not permissible to sign the process server’s name to a proof of service on his or her behalf.

A written permanent record of the service should be maintained, and made available upon request. Although a process server’s declaration is made based upon personal knowledge, a business may proffer evidence of service under Federal Rules of Evidence Sec. 807, or state equivalent. A business record, offered in lieu of a personal declaration of the server, when the server is unavailable, does not violate the hearsay rule if it is supported with a declaration of the custodian of the record. Making a record of the service based upon a writing made in the regular course of business does not violate these Best Practices, nor the NAPPS Code of Ethics.

What is Service of Process and what are process servers?
A legal process server is an individual who provides personal delivery of legal documents or documents filed by the court in each state. Every State is governed by their individual laws within each state in the United States of America. Where the court document or documents are generated from and filed, is where that states laws are set forth for process servers. A Process Server, Court Reporter, Private Investigator provides a service for Attorneys and the legal industry as a whole. A process service of court documents is a Service of Process and is carried out personally by a process server or civil process server. Depending on the documents ordered to be served within that State. Need a court document served? Process Servers do serve court documents quickly and efficiently. Process Servers are legal document servers. They serve court documents and legal documents that are filed in any local Court system.

What is Service of Process?
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 your State to learn more about service of process laws before sending is your service request.

People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause, and writs.

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.

Who can serve papers?
When service of process was first instituted, it was performed by sheriffs or deputies, and agents of the court. This became a burden on law enforcement, so the legislation was changed. Now, in many states, any US citizen that is not a party to the case, over the age of 18, and residing in the state where the matter is to be tried can serve papers.

Keep in mind that process serving laws differ from state to state and may change. Some states require a that process server be licensed, some require registration with the county and in some states they are required to post a surety bond. Visit the State Rules of Civil Procedure section of your state to learn more about service of process in your state. We firmly believe you will get the best results by using a local, professional process serving company over the sheriff.

What does a Legal Process Server Do?
A legal process server delivers (serves) these documents to the defendant or individual listed on the legal document being served. Once the documents are delivered, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service.

What are the benefits of using our services for your process server needs?
We are professional and knowledgeable private process servers. You will save time and money, and you will have a shorter chain of communication regarding your serves should you have questions regarding the status of your service.

Most importantly, by utilizing our services you have a place to go if you ever have problems with your service.

How much does it cost to get papers served?
On average, the cost of a routine service can range anywhere from $35 – $150. Prices can be lower in some states and higher in others. As the serve becomes more difficult or costly for the process server, you can expect to pay more. You may incur additional mileage fees or skip tracing fees if you need the person located. Additionally, if you have a rush serve or you need papers served the next day, early morning or late evening, 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 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?”.

Can papers be faxed or mailed?
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.

How long does it take to get papers served?
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 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)

Where can defendants be served?
This depends on which state the papers are being served in or are coming from. This is also an important reason why you need a process server. In most states, you can serve anyone anywhere at anytime. In some states like Virginia, Florida and others, you cannot serve someone at their residence on Sundays, nor can you serve them when they are traveling to and from a court of law. Some states don’t allow serves to occur on holidays. Please check the laws in your state or consult with a professional process server.

What if the person cannot be found or is evasive?
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. Before this can happen, you may be asked to prove to the court that a reasonable attempt was made to actually serve the defendant or the person named. This is where the hiring of a professional process server comes into play.

In some states a “Substitute Service” is acceptable. This is when someone other than the defendant is served. This should be done only as the last resort and shown as part of the Due Diligence process. Please refer to the rules of civil procedure in your state.

Will a process server file my papers with the court?
Yes, is the short answer. Most process servers offer a suite of legal support service including document filing. It is likely that you will have to pay an additional fee for this service.

What if the person does not accept the papers?
In most cases they do not have to 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 has been perfected 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.

Do I need a process server?
First of all, it is important to know that many states require a process server to be licensed. So in these states, the answer is yes.

Hiring a Legal Process Server is an important step in proceeding with a court case. Process servers have the skills and experience to serve your legal documents in timely and affordable manner and, more importantly, serve them in accordance with the local and state process serving laws.

There are several requirements and constraints associated with the rules of service of process. In some states you cannot serve on Sundays or holidays. Some places do not allow papers to be served on a person traveling to court. It is also very important to note that papers cannot be served by someone who is involved in the case or legal proceeding.

If a serve is not done in accordance with these rules, this can hinder your case from going forward or result in the dismissal of your case. Improper Service also delays obtainment of evidence, which can cause injunctions, court fees, and attorney’s fees.

If you are serious about your case, you want the papers to be served properly. Paying a professional process server a nominal fee can save your case.

Does a process server need to be licensed?
Not all states require a process server to be licensed. However, some states require that process servers be registered in their county or state, or appointed to serve in a specific county. The below states require a process serving license.

Alaska
Arizona
California
Illinois
Montana
Nevada
Oklahoma
Texas

What is an Affidavit of Service and a Proof of 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.

We are not Attorneys therefore we do not offer legal advice. All information on this website and contained on any affiliated website is NOT legal advice. If you have questions or concerns about your situation you should hire an Attorney. If you can not hire an Attorney speak with a clerk of the court in your particular jurisdiction, they may assist. We serve legal documents and are available to discuss our procedures and the means by which service of process can be made.

This legal support services site and related websites offer free service of process information, free private investigation information, the names and contact numbers of legal private process servers, consultants, document management, and private process serving laws for private legal process servers and Attorney service providers throughout the United States.

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