What Should You Expect from a Professional Process Server?

From understanding local laws and requirements to diligently ensuring each step in the process is carried out in a lawful way, a professional process server possesses qualities that go far beyond a standard delivery service. However, in such a litigious field, it can be tricky to know what attributes add up to a reliable process serving company. 

This article aims to provide clarity on what elevates a top-tier process server from a sub-par one, so you know what to expect to ensure proper service in your case.

Accurate and Timely Legal Document Delivery

The many strict rules and protocols that must be satisfied for legal documents to be accepted by the courts mean that accuracy and timing are two words synonymous with their delivery. Failure to meet any of the requirements, such as proper handling and compliance with local rules, can lead to costly delays or claims of invalid service, which emphasizes the need to use a reliable process serving company.

Proper Handling of Legal Documents

Mishandling of legal documents can have severe consequences in the courts, such as causing costly delays to proceedings, service of process being ruled invalid, or, in worst-case scenarios, case dismissal. To avoid harsh legal repercussions, protocols must be followed meticulously, without exception, along with service of process best practices, including:

• A detailed and proper record of service, including recipient, date, time, and location;
• Conducting service in a lawfully authorized manner;
• Filing an Affidavit of Service or Proof of Service;
• Secure storage and transportation;
• Observing jurisdictional rules and court-specific requirements;
• Maintaining records, including supporting documentation to provide evidence if the service is challenged;
• Reviewing paperwork prior to service to ensure it is complete and correct;
• Timely filing of the Return of Service to meet court-mandated deadlines.

Compliance With Jurisdictional Rules

Courts in different jurisdictions often have their own distinct procedures for documents, filing, and the like; a reliable process serving company will understand the local rules across jurisdictions and ensure compliance with them. From obtaining a file-stamped copy to meeting same-day cut-off times, they will understand the consequences of failing to meet the criteria of varying legal districts — including specific restrictions on Sunday or holiday delivery — and be equipped with the expertise to make the necessary adjustments.

Due Diligence and Multiple Service Attempts

Process servers operate within an ecosystem in which the party to be served can be difficult to locate, either for everyday reasons or an intentional desire not to be found. However, this does not mean that due diligence, including multiple attempts, should not be observed; in fact, from a legal standpoint, it means the opposite.

Strategic Timing of Delivery Attempts

Delivery attempts that are random or merely convenient for the process server will be less likely to succeed. A professional service involves building a strategy around the best timing for making delivery attempts based on the typical movements of the recipient, such as their work schedule. Doing so not only increases the chances of service being obtained but also demonstrates reasonable due diligence to the courts.

Handling Evasive Recipients

Evasive recipients are, by nature, more challenging to locate, as they are aware of what is happening and often employ tactics to counter service attempts. However, a competent process server cannot be frustrated by this and must instead adjust their strategy in a lawful way to ensure due diligence. This can include:

• Delivery attempts at multiple locations; 
• Lawful surveillance to establish presence patterns;
• Confirming the recipients’ daily routines; 
• Investigation and skip tracing for process service.

Investigation and Skip Tracing Skills

Utilizing investigation and skip tracing for process service is the hallmark of a high-quality process server, as it shows the courts that all avenues were used to locate hard-to-find individuals. However, such tactics and the use of legal process server technology must always be conducted in a lawful way or risk doing more harm to the case than good.

Locating Hard-to-Find Individuals

On top of individuals who are deliberately trying to avoid service, there are many other reasons a recipient can be hard to find, such as moving home or outdated information. A skilled server has the expertise to investigate the evidence at hand, including contacting associates and reviewing public records to generate novel leads, while also ensuring it is done in a legal manner.

Use of Databases and Public Records

Using databases and public records as a source of valuable information during investigations is a central skip tracing skill that all good process servers possess and employ to obtain service when required. Some key examples include:

• Public records, such as business registrations, property records, court filings, and voter rolls;
• Commercial databases to find employment details, known associates, and current contact information.

Legal Compliance and Professional Conduct

Maintaining legal compliance and professional conduct are two of the main tenets of reliable process serving, but they are also essential to the legal process remaining fair and enforceable and upholding the integrity of the judicial system. 

Following State and Court Regulations

A process server’s duties are dictated by a strict legal framework that must be followed without exception for them to be carried out lawfully. This means understanding and observing all current state and court regulations, such as conducting service in a legally authorized manner and filing documents in line with deadlines. Failure to do so exposes the case to serious repercussions, like delays or rulings of invalid service.

Maintaining Neutrality and Avoiding Conflicts

The role of a process server is to be an impartial legal facilitator between the two parties; as such, maintaining neutrality, treating both sides equally and with respect, is of the utmost importance. This also encompasses declining assignments that may constitute a conflict of interest in the eyes of the law.

Proof of Service and Documentation

While every stage of a process server’s actions is important from a legal standpoint, proof of service and documentation are some of the most important elements. That’s because without them, courts do not have formal evidence that due diligence was exercised and that documents have been served correctly.

Affidavit of Service Requirements

An affidavit of service provides Proof of Service, which gives the courts evidence that legal documents have been served properly. Affidavit of Service requirements include:

• Date, time, and location of service;
• Method of service;
• Full name of the served party;
• Identification of the served documents;
• Details, name, and signature of the process server;
• Filing with the court, with notarization if required, by the applicable deadline.

Detailed Records of Attempts and Delivery

Detailed records of attempts and delivery are also essential, as they demonstrate to the courts that due diligence was observed. In practice, this means a record of the time, date, location, and any observations and interactions. Additionally, GPS-stamped photos and video evidence (where legally permitted) verify the precise location and time of service. Doing so is crucial for many reasons, such as:

• Due diligence;
• Applications for substituted service;
• Evidence in the event of a service dispute.

Communication and Case Updates

Effective communication and regular case updates are another trademark of what constitutes a professional and reliable process serving company. This allows the client to be kept in the loop as important steps in the process occur, allowing for the legal strategy to be adjusted as necessary.

Regular Status Reporting

The current status of the case should be communicated to the client at regular intervals throughout the process. However, this is especially true when important events take place, such as when an attempt is made or an issue arises, like an incorrect address.

Final Confirmation of Service Completion

As soon as the service has been successfully completed, the client should be informed, along with all relevant details such as the method of service, the recipient’s personal details, and the date and time. This allows the client to move forward with the next legal steps in a timely manner.

Discretion and Professionalism

Discretion and professionalism are traits demanded when handling legal documentation. And it is the responsibility of top-tier process serving companies like One Source Process to uphold these characteristics at all times, from protecting client privacy to respectful interactions with recipients.

Confidential Handling of Sensitive Cases

For sensitive cases like divorces, restraining orders, and financial disputes, maintaining strict confidentiality at every stage of the process is essential. This is not only important for the parties concerned but also for the legal process itself, as it ensures that private paperwork is only viewed by those authorized.

Respectful Interaction With Recipients  

Given the legal and emotional implications involved with serving individuals, situations can escalate quickly. Regardless of what happens, it is the job of a process server to remain objective, calm, and respectful when dealing with recipients.

Final Insights

There are many expectations for a professional process server, and while some may appear less important than others, they are all essential to achieving the desired outcome in your case. From expertise and execution to conduct and strategy, a good server must have a wide-ranging set of attributes to navigate the emotional and high-stakes nature of the field in an effective and lawful way.

FAQs 

What does a professional process server do?

To ensure legal documentation involved in court cases is handled and documented lawfully. 

How many attempts will a process server make?

Multiple attempts, if necessary, until service is successful, due diligence is satisfied, or substituted service is granted by the courts.

What happens if the person cannot be found?

Multiple attempts at different times and locations will be made, and if still unsuccessful, substituted service based on due diligence will be sought via the courts.

Is the service of process legally required to follow specific rules?

Yes, including jurisdictional and court regulations.  

What is a proof of service?

A document required by the courts to confirm that legal paperwork was properly delivered. 

Will I receive updates during the process?

Yes, at regular stages and when important events happen. 

Can a process server give legal advice?

No. Their role is strictly procedural. For legal guidance, always consult an attorney.

How important is professionalism in process serving?

To achieve a lawful and efficient outcome, it’s invaluable.