| In civil court matters, a process server is someone | | | | honest about the papers they serve. It is not easy to |
| who serves or delivers legal documents, ie. subpeonas, | | | | obtain a license and if they get caught commiting |
| summonses, court orders, various legal notices and in | | | | perjury by saying they served a paper when they did |
| some cases writs. Process servers normally fall into | | | | not or if they get caught billing a client for work that |
| one of four (4) categories: | | | | was not done, they can lose their license. If they lose |
| 1. Registered or licensed process servers: In most | | | | their license they are out of business as they usually |
| states, process servers are registered by their county. | | | | can not get a license reinstated. Additionally, in most |
| In some states, like California a process server, once | | | | states, complaints can be filed against a licensee and |
| registered in one county can serve papers in any | | | | those complaints are investigated. Prospective clients |
| other county within that state. In some other states a | | | | can contact the state licensing board and obtain a |
| process server can only serve papers in the county in | | | | record of adjudicated complaints. |
| which he or she is registered. Most, but not all counties, | | | | Registered process servers usually know the laws |
| when registering a process server require the | | | | and rules and for the most part are honest and hard |
| applicant to be bonded or insured. | | | | workers. In most counties it is, however, easy to |
| 2. Private detectives and investigators: In most states | | | | register and there is usually no licensing body to keep |
| private detectives and investigators are licensed by | | | | an eye on them. Therefore, if the registration is |
| the state and exempt from registering as process | | | | revoked the server can usually get a friend or relative |
| servers. They and anyone in their employ can serve | | | | to register and then the server can list himself or |
| legal process and when doing so are considered | | | | herself as an independant contractor working for the |
| officers of the court. | | | | new registrant. Also there is no experience required in |
| 3. Sheriffs, Marshals and Constables: Sworn peace | | | | order to register. Finally there is usually no place where |
| officers. | | | | a prospective client can check for or file a complaint |
| 4. Non registered or licensed individuals: Friends, | | | | against a registrant. The only recourse a client usually |
| relatives and others. | | | | has against a registered process server is to file a law |
| In many states as in California a non registered | | | | suit against the party and then if a judgment is |
| individual may serve up to ten (10) legal documents | | | | obtained to go against the registrants bond. Note, |
| each year provided that individual is not a party to the | | | | however that not all registering counties or states |
| action at hand. ie: a plaintiff or defendant, etc.. When | | | | require a bond and those that do usually require a |
| the service of the paper has been completed the | | | | bond of $2000.00 or less. |
| server must sign an affidavit that the paper was | | | | When searching for a process server take care. Do |
| served properly. That affidavit must usually be signed | | | | not choose just anyone. Never use a friend or relative. |
| under penalty of perjury. | | | | If you find a server over the internet do not just go by |
| It is not usually a good idea to have a non professional | | | | the looks of the web site. A person can be a poor |
| serve process. They do not normally know the laws | | | | web site designer and a good server or vice versa. |
| and rules involved in process serving nor do they | | | | Call the server and ask questions based on the |
| usually know how to fill out a proper proof of service. | | | | foregoing information in this article. If the server refuses |
| Either of these can cause a service to be declared | | | | to speak with you do not use his or her services. If the |
| invalid and possibly cause you to lose the case or at | | | | server is a licensed investigator check out the license. |
| the least force you to start over. Additionally many | | | | Contact the Better Business Bureau and see if they |
| people attempt to evade service and a professional | | | | have any information. Try not to use a one person |
| has a better chance of completing service. Finally, | | | | operation as he or she may not be able to keep up |
| process serving can be very dangerous. Many people | | | | with the workload or may be forced to charge high |
| get very angry when served and attempt to take it | | | | fees in order to make up for a lack of steady |
| out on the process server. Over the years I have had | | | | business. |
| many servers beat up and attacked with knives or | | | | When making your choice do not go by price. |
| clubs or hit with thrown rocks. I have had several | | | | Expensive servers are not necessarily the best just as |
| servers that were non fatal victims of vehicular | | | | inexpensive servers are not necessarily the worst. |
| attacks and three servers that were shot, several | | | | Hallstrom Detective Agency was considered to have |
| more were shot at but not hit. | | | | one of the best process serving divisions in the United |
| At one time, Sheriffs, Marshals and Constables were | | | | States, yet we charged less than almost any other |
| considered good choices for serving papers, however | | | | service in the country. Ask about addirtional fees. |
| that is not now usually the case. Most Marshals no | | | | Many companies quote a low initial fee and then tack |
| longer serve papers and many Sheriffs and | | | | on a fortune in incidental fees. |
| Constables are so busy doing other things that your | | | | For links to directories listing process servers, private |
| papers may sit for weeks or longer before or if they | | | | investigators, detective agencies, court reporters, |
| are taken out for service. Additionally, many people, | | | | people finders and more, offered for attorneys and |
| when the see a Marshal's or Sheriff's uniform, just do | | | | other legal practitioners visit a directory of directories |
| not answer their door. The Sheriff or Marshal walks | | | | listing links to services of use to the legal profession. |
| away and the papers are returned unserved. | | | | The foregoing information is not given as legal advice. It |
| Licensed private detectives and investigators can | | | | is instead given as information and opinion gathered |
| sometimes make the best servers, however not all of | | | | and developed through experience over the last thirty |
| them serve papers and many believe that since they | | | | years. David G. Hallstrom, Sr. is the owner of Hallstrom |
| are "big shot" investigators they should charge far | | | | Detective Agency and although the agency no longer |
| more than registered process servers. Others serve | | | | offers process serving services, it has, through it's |
| so few papers that they sometimes "make a | | | | servers, completed service of several hundred |
| mountain out of a molehill" and turn a fairly easy | | | | thousand legal documents. Although the author |
| service into a difficult one. Other investigators turn | | | | believes the information to be accurate no guarantee |
| every service into an investigation in order to run up | | | | is made or implied. |
| billable hours. Then again, if you find a good detective | | | | This article may be reprinted, at no charge, provided |
| agency, they will have numerous service assignments | | | | that credit is given to the author and that any links |
| and investigators that can serve papers fast and | | | | contained herein are retained and kept active. |
| efficiently for a reasonable fee. | | | | ©Copyright 2005 Resources For Attorneys. All |
| Most licensed investigators can be trusted to be | | | | Rights Reserved Worldwide. |