What does a Legal Process Server Do? €
He/She 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. €
How much does it cost to get papers served? €
On average, the cost of a routine service can range anywhere from $35 - $100. 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 or on a holiday you can expect to pay more. When getting a price quote 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. 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. 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.
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 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 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 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 someone who is involved in the case or legal proceeding cannot serve papers. 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 or 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. €
He/She 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. €
How much does it cost to get papers served? €
On average, the cost of a routine service can range anywhere from $35 - $100. 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 or on a holiday you can expect to pay more. When getting a price quote 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. 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. 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.
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 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 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 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 someone who is involved in the case or legal proceeding cannot serve papers. 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 or 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. €