Process servers deliver legal documents to defendants respondents and witnesses to persons involved in legal proceedings. Delivered documents range from: court summons; subpoenas; private lawsuits; complaints; to other court dealings. Process servers must also abide by state and federal laws.
Have you ever wondered what it takes to become a process server? This job entails delivering legal documents like subpoenas, summons, and complaints to the parties involved in a lawsuit. It’s an important position that keeps the wheels of justice turning.
Though process serving seems straightforward, succeeding as a process server requires specific skills and knowledge This comprehensive guide will walk you through everything you need to know to launch a career in this field
What Does a Process Server Do?
A process server acts as a messenger and delivery person for the court system and legal profession. Their primary responsibility is to formally deliver legal documents to the parties named in those documents.
The documents they serve inform recipients that they are being sued called as a witness or must appear in court. These papers must be delivered in a timely manner according to strict legal guidelines. Accurate record-keeping and affidavits of service are also essential parts of the job.
Beyond delivery duties, process servers must be able to locate and identify parties named in legal documents. This often requires extensive background research and discreet surveillance. Flexibility in work hours is also important, as legal documents may need delivery at odd times when recipients are available.
Why Become a Process Server?
There are many advantages to becoming a process server. For starters, it’s a recession-proof career. Lawsuits go on even in tough economic times, ensuring a steady demand for process servers.
The flexibility of the job is another perk. You choose your own schedule and caseload as an independent contractor. Process serving also provides regular physical activity and time outdoors surveilling subjects, which beats being stuck at a desk all day.
Monetarily, it can be a lucrative profession once you build up your client base. The earning potential surpasses many entry-level jobs. Just be prepared to put in hard work at first for smaller profits.
If you like detective work, problem solving, interacting with different types of people, and being out and about, process serving may be the perfect fit.
Education and Training Requirements
Formal education requirements are minimal for process servers. At the most basic level, a high school diploma or equivalent is needed. Higher education is not mandatory.
However, some college coursework can give you a boost. Useful classes include business, communication, computer science, and anything law-related. These provide helpful knowledge for running your own process serving company.
The most crucial training comes through certification courses. All states require process servers to complete a certified training program that covers legal terminology, procedures, ethics, safety precautions, and more.
Programs are typically 20-40 hours long. Some states allow you to study online for convenience. Expect to pay $200-500 for certification training. Ongoing continuing education is also usually required.
Step 1: Check Your State’s Licensing Laws
The first step is looking into your state’s specific regulations for process servers. Each state has its own legal requirements regarding training, licensing, insurance, age limits, and allowable fees.
For example, Alaska, Arizona, and Delaware have no licensing mandates. You only need to pass a certified course. Other states like New York, Illinois, and Nevada require passing an exam and obtaining a license after training.
Research your state’s rules thoroughly so you take the proper steps for certification. The National Association of Professional Process Servers provides links to each state’s requirements.
Step 2: Enroll in a Certified Training Course
Once you understand your state’s process server guidelines, sign up for a certified training program. Ask schools if they offer state-approved curriculum to qualify you for licensing.
Top schools provide in-depth instruction on legal concepts, procedures, safety protocols, ethics, communication, record-keeping, surveillance, and more. Look for small class sizes, experienced instructors, convenient schedules, and hands-on training.
Be prepared to learn about legal terminology, court hierarchy, serving procedures per document type, affidavit writing, due diligence, liability issues, firearm safety for protection, and conflict resolution.
Many schools assist students with job placement after certification. Make sure to ask about their career assistance services.
Step 3: Apply for Your Process Server License
With training certificate in hand, follow your state’s protocol for applying for your process server license. Applications are usually submitted to a county clerk, state court administrator, or licensing board.
The application itself asks for standard background information and details on your certification credentials. In some states, you may need to supply fingerprints for a criminal background check.
Application fees range from $0 to over $300 depending on your state. You’ll also need to provide proof of eligibility such as driver’s license, military ID, birth certificate or passport.
Once approved, your process server license will be valid for around 2 years before needing renewal through further education. Always keep it current.
Step 4: Line Up Process Serving Work
Now for the fun part – lining up jobs and getting clients as a newly licensed process server! There are two main avenues to find work: joining an established process serving company or starting your own independent business.
Join an Existing Company
Signing on with a reputable local process serving firm is the easiest way to gain experience early on. Serving papers for attorneys and law firms will make up most of your work.
Large companies may pay hourly or a per service fee. Expect $15-30 per service completed. You use the company vehicle but pay for your own gas and supplies.
Some companies provide benefits if you work full-time. However, most treat process servers as independent contractors without benefits. Ask about their payment structure during interviews.
Go Independent
After getting some experience under your belt, you may choose to strike out on your own as an independent contractor. This allows you to keep 100% of what you earn but also involves more risk and effort.
You’ll need to spend time and money incorporating your business, establishing relationships with attorney clients, tracking down your own serving assignments, and handling all admin work like billing and record keeping.
Many new process servers start by serving papers in the evenings and weekends for extra income while keeping a day job. Over time, as your client base and reputation grow, you can phase out your other employment and serve papers full-time.
Step 5: Purchase Necessary Equipment
Operating as an independent process server requires purchasing some basic equipment and supplies, including:
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Vehicle: A car or motorcycle helps you get around to track and serve subjects. Fuel costs are tax deductible.
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Camera: Document your efforts to serve papers with photos and video. A camera also proves useful for discreet surveillance.
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GPS tracking: Apps like Find My iPhone help locate subjects. Some states restrict GPS tracking without consent.
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Record book: Log all service attempts with details like dates, times, locations, individuals involved, and outcomes. Meticulous records are crucial.
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Affidavit forms: Fill out and submit affidavits of service to provide legal proof that you correctly served papers.
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Badge: Some states require process servers to wear a badge identifying themselves and their company.
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** Pepper spray:** For protection when serving papers in risky areas. Use good judgment carrying weapons.
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Printer: Generate professional affidavits and invoices for your clients. A scanner helps digitize documents.
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Accounting software: Track payments, expenses, tax deductions, and other finances to run your business smoothly.
Step 6: Market Your Process Serving Business
Marketing and networking are critical, especially when first starting out independently. The goal is establishing relationships with local attorneys, law firms, court clerks, and legal agencies to get referrals.
- Design professional business cards, brochures, and digital ads showcasing your services. Distribute these at courthouses, law offices, and other legal hubs.
- Create a website highlighting your qualifications, services, and competitive rates. Optimize SEO.
- Join local and national process server associations to access job boards, training discounts, and networking events.
- Attend legal conferences, seminars, association meetings and chambers of commerce to connect with attorneys.
- Offer discounted rates for new law firm clients to get your foot in the door. Provide prompt, reliable service to keep them coming back.
- Consider expanding your services to court filings, document retrieval, and skip tracing to attract more business.
Step 7: Develop Your Process Serving Expertise
Sharpening your detecting and serving skills takes ongoing practice. Immerse yourself in the legal community to pick up insider knowledge.
- Master legal terminology, codes, and concepts so you can discuss cases fluently with attorneys.
- Familiarize yourself with courthouse records, databases, and online tools for locating subjects’ addresses, assets, employment, criminal records, and family ties.
- Practice discreet surveillance techniques like wearing disguises, varying routes and hours, and using cameras slyly.
- Role play conversations to smoothly gain information from reluctant recipients and neighbors.
- Drive service areas regularly to memorize difficult-to-find addresses and shortcuts.
- Review laws frequently to ensure you follow all required procedures for each type of document served.
Step 8: Manage the Business Side
Don’t neglect the financial and administrative aspects – they are vital for succeeding as a process server.
- Obtain an Employer Identification Number, open a
National Association of Professional Process Servers
Process servers deliver legal documents to defendants respondents and witnesses to persons involved in legal proceedings. Delivered documents range from: court summons; subpoenas; private lawsuits; complaints; to other court dealings. Process servers must also abide by state and federal laws.
How to Become a Process Server – The Basics of Getting Started in Process Serving.
How do I become a process server?
In recognition of this significant duty of notification, jurisdictions mandate training and licensure of all individuals who want to be process servers. After a training course is completed, applicants must take written or oral tests to prove competency in the proper procedures for service of process and return of service.
Do I need a driver’s license to be a process server?
No. A driver’s license is required to become a process server given the core job function of delivering legal documentation to defendants and other participants in a legal case. Because these documents are legal and confidential, process servers must serve and deliver them in a timely manner, so travel by car is a necessity.
Why are process servers important?
An additional reason process servers are an essential part of civil society is to ensure that legal papers are served in a highly effective and appropriate fashion. If papers aren’t served properly, the court is not able to rule on a case relating to an individual if they were not legally made aware of it.