The Process Server's Role in the Legal System

A process server plays an important role in the legal system. A process server is responsible for delivering legal documents to parties involved in a court case or proceeding. This responsibility meets the requirements of due process, a term in the legal system that means an established fundamental principle of fairness has been met in accordance with local rules and procedures.

It also means a party has the right to be notified of any court action or legal proceeding either against and/or involving them.  

Process servers are often tasked via an order from the court instructing them to deliver a variety of documents to individuals and/or entities who are involved in a legal court case or proceeding. 

These documents may include, but are not limited to: summons, complaints, writs, subpoenas, formal notices, and other documents.

Valid and effective service of process will often involve much more than simply delivering documents.

After correct identification of the party being served, essential notation of the time, date and location is imperative. Also important is a description of the recipient, and the manner of service.

These details are included in the affidavit of service, or return of service, which is returned to the court of origin and serves as official documentation of service. 

Process serving methods can vary depending on the type of service, case and/or proceeding. 

Here are a few of the most common types of service:

Personal Service: This is the most common type. And preferred. Documents are handed directly to the individual of intent.

Substituted Service: If the individual for service is not otherwise available after several attempts, the documents may be left with an individual of suitable age at their residence or business.

Posting Service: Documents regarding rental evictions, unpaid student loan debts, etc may be posted on the door in lieu of personal or substituted service, if nobody answers the door.

Service by Publication: When other methods have failed, legal notice may be publicized in a newspaper or other publication.  The Daily Reporter is an example of a legal newspaper in Columbus Ohio.

Electronic Service: This method is just as it sounds, and that is delivery and confirmation of the service documents via email or social media. This form of service is not widely accepted in many courts.

Cost: 

The cost of process serving can vary and is dependent on a number of factors, including, but not limited to: the area of service, the number of attempts, the timeline or priority for service, and if a skiptrace or stakeout is required for evasive individuals.  The average rate for service of process is anywhere between $65.00-$150.00, not including the need for skiptracing or stakeouts.  Some process servers will specialize in more difficult serves, others will not offer any skip tracing whatsoever, or go beyond 3 or 4 attempts of service at the provided address.

Process serving requires frequent over the road fieldwork, attention to detail, and dealing with potentially unsavory individuals. They may become agitated, combative, belligerent, or uncooperative.  Empathy is not only important, but a requirement for being an effective process server. Empathy is defined as the ability to understand or relate to the feelings of another.  This is not only important when dealing with individuals related to service, but anyone the process server encounters or communicates with throughout their day.

In conclusion, process servers play an important role in the legal justice system. The role requires a hybrid of skills including legal knowledge, excellent communication, tenacity, resilience and empathy for not only the respondent but for when providing excellent customer service.

Thank you for using Capital Discovery Solutions for all of your needs for a process server in Columbus Ohio.