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