About Process Servers

"You've been served" is not one of the most pleasant sentences in the English language, and usually indicates legal difficulties of some sort. If you've ever wondered who would want to be the person that gets to utter that sentence on a regular basis, read on to find out what a process server does, why they do it, and the importance of this particular function of the legal system.

Function

A process server is an individual, 18 years of age or older, who is a disinterested party to the proceedings at hand. All process servers are governed by the Federal Rules of Civil Procedure, and according to the location they work in, may require special appointment by a court or certification and licensing.

Process servers are typically hired by the plaintiff (person bringing suit) to serve notice upon the defendant (person against whom action is being taken). In addition to serving notice, process servers also carry out a number of other functions, such as document retrieval and research.

Types

Process servers can be persons who are employed full-time for this type of work alone. However, other parties can also carry out the role of process server, including private investigators and court officials-sheriffs, bailiffs and constables. While all process servers are governed by the Federal Rules of Civil Procedure, the procedures and requirements vary between different states, counties and cities.

Effects

The role of the process server is important and upholds the rights of citizens under the United States Constitutional Amendments Five and 14. These amendments prevent federal and state governments from depriving any citizen of life, liberty and property without due process of law. Simplified, this means the government cannot take what belongs to you without first having given you proper notification.

Not all legal matters require service of process (small claims cases, for example), and some legal proceedings can be appropriately served process by way of U.S. mail or by being published publicly, most commonly in newspapers. However process is served, process servers are one link in the chain of legal procedure, designed to ensure that all citizens are treated equally, and have the same access to the rights and protections afforded under the laws of the United States.

Misconceptions

Popular culture often shines a negative light on process servers, since they generally are not there to deliver good news. Portrayed sometimes as crafty and sneaky, process servers actually have to be very creative sometimes in carrying out their duties. People who become regulars in the legal system try to avoid being served to delay proceedings or to create difficulty for the plaintiff; therefore, a process server has to be extremely well-versed in laws and procedures, and must be well acquainted with the location in which they have to serve notice.
In addition to possessing creativity and knowledge of how to carry out the duties, process servers also face the distinct possibility of bodily harm and must be able to keep themselves out of harm's way. Being a process server is not as simple as it may seem.

Expert Insight

In "Process Server Safety: It's Not Always What It Seems," Stephanie Mitchell writes about implementing measures of precaution and safety in order to avoid injury or death while carrying out the duties of process serving. Process servers need to be informed from the beginning about what type of person they will be serving, the details surrounding the case (domestic, financial, criminal), and the potential for danger. A process server can easily get caught up in a dangerous situation if she does not do her homework before carrying out service. Knowing how to avoid dangerous situations, where and when to serve papers and what to do in the event that a situation takes a turn for the worse will help keep process servers safe.

Resources

• National Association of Professional Process Servers
• Process Server Safety: It's Not Always What It Seems