How to Hire a Process Server: What to Ask and Expect

If you have filed a case, or your lawyer asked you to arrange service, you will probably need a process server. A good one gets papers delivered correctly, documents it properly, and keeps you informed. A poor choice can cost you time, money and sometimes your court date.

Here is how to choose one, what to ask, and what to expect.

Do I need a process server?

Often, yes. Many courts do not let the person who filed the case serve the papers themselves. Depending on your state and court, the papers may be served by a sheriff or constable, a private process server, or another adult who is not part of the case.

People choose private process servers because they can often move faster, try at different times of day, give updates, and handle harder situations, such as a person who avoids service or a location that is hard to reach. They also know how to fill out the proof of service so the court accepts it.

How do I choose a process server?

Start with these basics:

• Licensed, registered or certified where required. Some states and counties require process servers to hold a state or court credential. If yours does, check it with the issuing agency, not just the server's website.
• Experience with your type of case. Family law, evictions, small claims, subpoenas and business cases each have their own quirks.
• Covers the right area. The person usually needs to be served where they live or work. Hire someone who works there, or who has a reliable network there.
• Clear communication. You should know how and when you will hear about attempts and results.
• Clear pricing. You should know what is included before work starts.

What questions should I ask a process server?

1. Are you licensed, registered or certified, and can I verify it? Get the number and the agency that issued it.
2. Have you served this type of paper before? For example, a subpoena, a family court petition, or papers for a company.
3. How many attempts are included, and at what times of day? Good servers vary their timing.
4. How will you update me? Ask whether you will get notes after each attempt.
5. What happens if the person has moved? Ask whether they offer, or can refer you to, a locate service (often called skip tracing).
6. What is your turnaround? Ask about standard, rush and same-day options if timing matters.
7. Who prepares the proof of service, and do you file it? Some servers return it to you or your lawyer. Some file it with the court for you.
8. What is the total price, and what costs extra? See our guide to what affects process server cost.

What information should I give the process server?

The more accurate information you provide, the better your chances of fast, valid service. Usually you will hand over:

• The court papers themselves. Usually a copy for each person to be served, plus any copies your court requires. Ask the server how many sets they need and whether they need stamped (filed) copies.
• The full name of the person or company exactly as it appears on the papers.
• Addresses. Home, work, and any other places they are often found.
• A description. Age range, height, build, hair, and anything else that helps identify the person.
• A photo, if you have one.
• Vehicle details, such as make, model and plate, if known.
• Best times to find them, and any safety concerns, such as dogs, gates or a history of violence.
• Your deadline, including any hearing date. This affects how the server plans attempts.

For a company, find the registered agent through your state's business filing office. That is often the correct person to serve.

What is a proof of service or affidavit of service?

After delivering the papers, the server completes a document that tells the court what happened. Different courts call it a proof of service, a return of service, a certificate of service, or an affidavit of service.

It usually includes:

• The name of the person served, or the person the papers were left with.
• The date, time and address of service.
• How service was done (for example, handed directly to the person).
• A physical description of the person served.
• The server's name, signature, and any license or registration number.

An affidavit is a written statement made under oath. Depending on the court, it may need to be signed in front of a notary, or signed under penalty of perjury. The details vary, so ask the server what your court requires.

If the server cannot complete service, ask for a declaration of due diligence or a similar record. It lists each attempt with dates, times and what was observed. You may need this if you later ask the court to allow another method of service.

What does a process server not do?

Process servers deliver papers and document it. They do not give legal advice, choose which papers to file, or tell you whether your case is strong. They should not break into property, threaten anyone, or pretend to be police. If you need legal help, talk to a lawyer.

Frequently asked questions

Can I serve the papers myself? In many courts, no. Even where it is allowed, using a neutral professional usually avoids later disputes about whether service was done correctly.

How long does it take to get someone served? It depends on how easy the person is to find. Some people are served on the first attempt. Others take many attempts or a locate search first. Ask your server for a realistic timeline.

What if the person refuses to take the papers? In many places, refusing does not stop valid service. An experienced server knows what your court accepts and documents what happened.

Do I need to file the proof of service myself? Sometimes. Ask your server whether they return it to you, send it to your lawyer, or file it with the court.

This is general information, not legal advice.