In the best-case scenario, process serving is on par with courier service—a secure and provable delivery. But when it comes to legal matters, not everyone is eager to be on the receiving end—or simple to track down. Not every process server has the experience, knowledge or skills to get the job done efficiently and correctly.
Mishandling process serving can come with dire costs, especially when you need an urgent turnaround. Missed court dates, holes in witness testimony, and pricey bills are just some of the potential outcomes you can avoid by learning how to minimize process serving delays.
Why Process Serving Delays Happen
Process serving delays are not uncommon. They’re primarily caused by:
- Incomplete or inaccurate information – Outdated home or business addresses, typos, conflicting identification details—if the information provided to process servers is stale or erroneous, it can result in additional investigative and administrative time that delays service.
- Hard-to-locate or evasive individuals – Locating a target can be delayed due to unpredictable or complex schedules, frequent travel, gated communities, or recent life changes—not to mention serving people who are intentionally trying to avoid it.
- Unreliable or inexperienced process servers – Efficient process service requires hiring someone with the appropriate training and experience. This includes understanding how to safely analyze a case, identify the best method of delivery, comply with local regulations, and know when it’s appropriate to have an attorney serve process.
Key Traits to Look for in a Reliable Process Server
In many jurisdictions, anyone can print out business cards and set themselves up as a process server—so how do you successfully ensure you’re working with someone reliable? Consider:
Licensing, Bonding, and Legal Knowledge
Hiring a successful process server requires careful attention to their background and skills. At a very basic level, process servers must be 18 or older and not party to the case in question. Those two factors of age and neutrality are all that’s required in most states.
Jurisdictions with statewide formal requirements for process serving include1:
- Alaska – State license, written exam, $15,000 bond
- Arizona – State registration, written exam
- California – County registration (which then applies statewide), $2,000 bond
- Illinois – County court appointment (application, background check, fee) or PI license
- Montana – State registration, written exam, $10,000 bond (or $100k per firm)
- Nevada – State license, exam, $1500, background check, $200k liability insurance
- Oklahoma – License ($35 county or $150 state), $5,000 bond
- Texas – Statewide certification, 7-hour course, $200, background check, fingerprints
- Washington – County registration, $10
Additionally, at the county and city levels:
- Florida (some counties) – Judge certification/sheriff appointment, exam, $5,000 bond
- New York, NY – City license
- St. Louis, MO – 5-night class, written exam, background check, $100k E&O insurance
States and jurisdictions that have no formal professional requirements may still have detailed regulations surrounding the timing and manner of serving process, requiring legal understanding by their process servers.
Timeliness, Communication, and Documentation Practices
Timely and compliant service requires strict adherence to communication and documentation practices. Look for:
- Use of a secure and accessible electronic communication platform
- Realtime status, location, and activity updates with GPS tracking
- Detailed text and photo documentation
- Electronic signature and time-stamping capability
- Error correction protocols
The Impact of Delays on Legal Timelines and Case Outcomes
It’s not just a matter of convenience—process serving delays can damage your case outcomes and cost you time, money, and reputation.
In particular, risks include:
- Missed court dates and delays in hearings and trials
- Case dismissals and overturned default judgments
- Negative outcomes due to missing witnesses or evidence, or insufficient prep time
- Client dissatisfaction and firm reputation damage
- Inability to enforce judgments
You may also see an increase in costs due to:
- Being charged for more complex services than necessary
- Hiring a replacement server
- Rush charges
- Potential legal penalties imposed by the court
Final Thoughts: Reduce Risk with the Right Process Serving Partner
For a profession that typically comes with a low bar on preparation and training, process serving has the potential for high risks for your case outcome, clients, and firm. Even in jurisdictions that require some level of registration, careful vetting of process servers is essential to protecting your interests, avoiding delays, and properly serving your clients.
Sources:
- National Association of Professional Process Servers. State Laws Licensing Process Servers. https://napps.org/Laws_state_licensing.aspx
