Suffice it to say, Hollywood generally isn’t a good source of information about what an actual job looks like. Law & Order doesn’t perfectly represent the work amongst police officers, and Suits doesn’t show what work life is really like for lawyers.
But representation for process servers is even more inaccurate.
So what does it really look like to be a process server? What does a job entail for those who are doing the work, day in and day out?
It’s much more than delivering legal documents
A common image people have of process servers is of a person handing someone papers. But it’s more than a delivery. It’s a commitment to upholding rules, law and due process while implementing best practices to try to effectuate service as quickly as possible to keep a case moving forward.
Due process is just as important as the delivery
A process server is a support role in the legal and court system. Process servers hand deliver official court and legal documents such as subpoenas, summons, complaints, and more to individuals involved in court cases.
But this isn’t simple delivery; it’s a critical component of due process that protects defendants’ legal rights.
Legal documentation and testimony requirements
Beyond physically serving documents, process servers must provide proper documentation of service, whether through a return of service, proof of service, or other court-required documentation that they properly served the correct person.
This means if called to testify in court, a process server must be prepared to provide sworn testimony about the service and positively confirm they identified the defendant and completed service according to legal requirements.
You can’t leave documents at a door or hand them to anyone who answers. You must verify you’re serving the right person.
Soft skills matter
This verification process requires well-honed interpersonal skills. Process servers need to get reluctant people to answer doors, confirm identities when individuals may be evasive, and handle potentially hostile situations professionally. Many times, people don’t want to be served, which means servers must use persistence and communication skills to complete their legal obligation while respecting boundaries.
Because a process server works closely with other legal professionals and must understand complex service requirements, they also have to be familiar with legal practices and processes.
You need top-notch research skills to do the job
Significant effort goes into finding subjects. Process servers use all information available to pinpoint the location of individuals or businesses, using databases, web and social media searches, known associate interviews, and more to find people.
Oftentimes, process servers have limited information to go on, which means that they have to think outside the box to pinpoint someone’s location.
However, it’s important to note that process servers work within strict legal boundaries; they access only permitted databases and public records, never crossing into private investigation territory that would require separate licensing.
One challenge is that people today move more frequently than they have in the past, so it can be difficult to locate a current address for someone. Businesses can also be tough to nail down, especially with the use of shell companies or “doing business as” arrangements.
To locate them, it’s necessary to be able to use a wide range of resources while maintaining compliance with state regulations governing process service research methods.
The persistence factor cannot be understated. Process servers often need to make multiple attempts at different times and locations, working around defendants’ schedules. This requires strategic thinking about when and where someone is most likely to be found.
The job involves a lot of technology
Technology is a big part of almost every job these days. This applies to process serving, too!
To locate a subject, process servers use a variety of resources: Google, address databases, social media sites are all important resources for a process server.
When it comes to delivering documents, technology also plays a crucial role. Mobile apps that help document delivery attempts and provide location verification are important tools for process servers needing to maintain detailed records of their service activities.
Technology also helps process servers manage their services and workflows. Thanks to data transfer and imaging technologies, process servers can provide real-time status updates through online portals.
Process servers spend a lot of time on the road
You might think that, based on the amount of research that a process server has to do, they spend a lot of time behind a desk. That’s not true at all! Process servers spend A LOT of time on the road.
This time on the road isn’t necessarily out-and-back trips. There are lots of opportunities for dead ends, time spent waiting, and ecalibrating plans. After all, not everyone is receptive to being served, meaning that it might take several attempts to successfully serve documents.
For nationwide process servers, the geographic challenges are even greater. In rural areas across America, people are really spread out. If you have to serve someone in the countryside or on a remote property, that could be a significant drive just to see if they’re home, and if they’re not, you have to make that drive again.
There’s also a strategic element to timing. The element of surprise can be important because if someone knows you’re coming, they might not answer the door on subsequent visits. This means process servers must be flexible with their schedules and persistent in their efforts, often working evenings and weekends when defendants are more likely to be home.
We follow lots of rules and regulations
You know those movies where a pizza delivery guy shows up at someone’s door but instead of handing over a pizza, they give the character a subpoena? That’s not how professional process service actually works.
Each state has its own approach to regulating the industry. Who can be served, how service should be completed, and deadlines are critical components of proper service. The rules vary significantly from state to state, with different requirements for licensing, certification, and service procedures.
Some states require process servers to be licensed, others require certification, and some have minimal requirements. Many states also have specific regulations about when and how service can be completed, including restrictions on certain days or times.
It’s important for process servers to:
- Be honest about who they are
- Never impersonate law enforcement
- Respect property boundaries and avoid trespassing
- Leave any mail alone, even if it may show who currently resides at the property
- Maintain detailed records for potential court testimony
Process servers may also operate across state lines. A process server may find that someone was located in New Jersey for several years, but has recently moved to Philadelphia. They’ll need to be up on Pennsylvania laws and regulations to serve the papers in a legal manner.
When it comes to interstate process service, additional rules like the Uniform Interstate Depositions and Discovery Act (UIDDA) may apply for certain types of subpoenas and discovery requests.Professional standards and legal compliance
Beyond state regulations, professional process servers maintain high ethical standards. This includes:
- Honest identification: Process servers must truthfully identify themselves and their purpose. They cannot misrepresent who they are or why they’re there.
- Proper documentation: Detailed record-keeping is essential. Every attempt, successful or not, must be documented with specific details about time, location, persons contacted, and outcomes.
- Respect for legal boundaries: Process servers cannot trespass on private property, break into homes or businesses, or use illegal methods to gain access to defendants.
- Ongoing training: Professional process servers stay current with changing laws, court requirements, and best practices through continuing education.
Why professional experience matters
Process servers are hardworking individuals who are committed to making sure their job is done right and done legally. The complexity of regulations, the interpersonal skills required, and the legal implications of improper service make experience invaluable.
At DGR Legal, our experienced process servers understand these nuances. With over 40 years in the industry, we’ve handled everything from routine divorce papers to complex international service requiring knowledge of foreign legal systems.
Professional process servers provide:
- Reliable service completion, even with evasive defendants
- Proper legal documentation that will hold up in court
- Knowledge of current state and federal regulations
- Timely status updates and client communication
- Ethical service that protects all parties’ rights
Frequently Asked Questions
How many attempts do process servers typically make? This varies by case and state requirements, but professional servers will make multiple attempts at different times and days to maximize the chance of successful service.
What happens if someone refuses to accept documents?
The rules vary by state and document type. Process servers follow specific state procedures for handling situations where service is refused or avoided. Working with an experienced process server ensures proper handling of these situations.
Do process servers work on weekends?
Many process servers work weekends since that’s when defendants are more likely to be home. However, service rules vary by state, and some may have restrictions on certain days.
What information should I provide to ensure successful service?
The more accurate information you can provide (current address, work location, schedule details, physical description), the more likely service will be completed quickly and efficiently.
DGR employs professionals with years of experience in all aspects of process serving, from local New Jersey service to complex international cases.
Contact us to learn more about how we provide clients with exceptional service for each case.
The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
