The role of a process server is actually set out in the Constitution, where it is stated that service of due process is a privilege to all citizens. This means that all Americans have the right to be properly informed that they are being summoned for some type of legal court action. A process server, then, is the messenger to notify any individual of his involvement in a legal issue. Before cities and town became as large and sprawling as they now are, the local county sheriff was in charge of serving all papers. However, that is now a daunting task in today’s society. The role of process server arose as a way to alleviate the burden on the sheriff’s offices and help serve papers in a faster and more efficient manner.
The Responsibilities of a Process Server
More than 15,000 process servers are now employed around the United States working either full- or part-time delivering legal documents for process serving companies. However, serving papers isn’t always easy, and it must be done in a very specific way to ensure authenticity and legality. First, the process server must find the person in question and confirm identity, explicitly state his purpose to deliver the papers, and physically hand the papers over to the recipient. Each state has varying requirements within this process, and in some states it is appropriate to place the papers on the ground if the recipient refuses to accept them. It’s even acceptable in some places to give the papers to another member of the household if he or she is old enough.
Some people can’t be found at home or do everything possible to avoid the process server, which means that service of process must occur somewhere different, like at work or the grocery store. Once process of service has been successfully complete, the process server must have an affidavit of service notarized for proof.
This is a very important process since lawsuits can be, and have been, thrown out if the defendant can prove that due process of law was not upheld through legal and appropriate service of process.
