Selecting a Good Process Server
The constitution requires under “due process of law” that a person be notified of a legal proceeding before that proceeding can take away his “life, liberty, or property”. To this end, state legislation requires that specific legal documents (i.e. subpoenas, summonses, three day notices, etc.) be “served” upon a person to guarantee an opportunity that they are heard in court.
California law does not require a specific person to “serve” legal documents, only that the person is not a party to the action, and is at least 18 years of age. However, there is a high demand for professional and experienced “process servers”. Inexperienced 3rd party individuals are not as likely to be successful executing difficult serves or responsibly filing an affidavit of service. Attorneys need professional process servers whom they can rely on to carry out their client’s rights and interests.
The position of process servers may not be as prestigious as attorney’s, judges, or even court reporters. However, their role is just as indispensable as long as “due process” is woven into our constitution. Frequently process servers will act as couriers and will find and pull court document for attorneys. Attorneys also have a strong need to have “court runners” to file their documents. An “attorney service” will file documents in addition to providing service of process for their clients. Process server companies in contrast do not always file documents for their clients as a service.
Common sense is sometimes the best method for choosing almost any service. When you call up an attorney service or process server company, does someone answer the phone? Do you have to go through a voice menu and press 3 digits before you can talk to someone? Does someone return your call? How long does it take to receive a returned call? A quality process server company will show enthusiasm and an interest in helping you when you call.
Obviously testimonials and referrals are useful. However, in their absence, it might be helpful to understand who is doing the serving. When working with an attorney service, it’s very possible that the person your talking to on the phone has no idea whose going to handle the serve 95 miles away, as he delivers to you his promises and commitments.
Here are some questions to ask: Who will perform the serve? Is it the entrepreneur owner, or a subcontractor? Maybe the sub of a sub? 2) How many attempts will be made for the fee charged? If “unlimited,” ask what is meant by that. 3) Is there a charge for mileage? 4) Any internet information on the company? 5) Usually particularly good placement on google means they can charge more. Therefore, compare prices. 6) Ask when you will receive an update. The court imposes time limitation on the proper service of all legal documents. You ought to receive an update when you ask for one. 7) You’re going to want to provide as much information as possible regarding where the subject can be served and when. Communicating this will lower costs because it makes it easier to do the job. In addition it holds them accountable. A good process server or company will provide peace of mind as a part of the service.
25422 Trabuco Rd. Ste. 105-158, Lake Forest, CA 92630