Definition of Process Server
- Before the advent of service of process, a person was not notified of legal matters concerning them. Legal actions could be decided without a person's knowledge until actions were taken against them. But this changed in 1791 with the ratification of the Fifth Amendment, which read: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury... nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ..."
The Sixth Amendment, also ratified in 1791, granted U.S. citizens the right to be informed of the nature and cause of the accusation, as well as the right to a fair trial. In most early cases, process servers were law enforcement officials or agents of the court carrying the legal notice or "process" sent to a defendant. - The means by which a process server may deliver documents depend on the legislation in the state or county in which the documents are being served. Typically, process servers must hand the documents directly to the person to whom they are directed. Regardless of the means, a process server must provide proof of delivery, usually by means of an Affidavit of Service, which must then be notarized and given to the party who initially requested the service of process. Process servers also may be responsible for filing documents with the court or retrieving documents.
- In some states, a process server must be licensed, while in others, a process server is required only to be a U.S. citizen 18 years of age or older who resides in the state in which the legal matter is to be tried. Most states require a process server to be bonded or at least to register to request authorization to conduct legal services. Some require a process server to be fingerprinted, pass a background check and have a photo on file with the court.
Many state process server organizations, as well as colleges and private firms, provide education and training to prospective servers. The Process Server Institute in California, for instance, offers a series of seminars to teach the fundamentals of process serving and publishes written guides for prospective servers. Process servers must possess knowledge of the law and the legal system so that they may deliver documents per the proper process serving procedures of their state or county. - While estimates vary by state, a salaried process server can make $30,000 to $70,000 a year. Some process servers work as independent contractors and are paid hourly or per serve (from $20 to $35 per serve). Most of this depends on a server's qualifications, training, licensing and location.
- Most states have their own organizations of process servers, such as the Arizona Process Servers Association in Phoenix, Arizona, the Colorado Associate on Professional Process Servers in Colorado Springs, Colorado, and the Texas Process Servers Association in Rosharon, Texas.
In 1982, a group of process servers from 11 states met in Las Vegas to form the National Association of Professional Process Servers to combat legislation that would allow service of process to be conducted by certified mail. As of 2010, the NAPPS had 2,000 members and was the largest nonprofit organization of process servers in the world, with members in every U.S. state and 18 foreign countries.