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How Process Serving Works

What is Process Serving?

If you have been told that someone needs to be “served papers,” you may be wondering what that actually means, who can serve the documents, and what happens after the papers are delivered.

Process serving, also called “Service of Process,” is the formal delivery of legal documents to a person or entity involved in a legal proceeding. The purpose is to provide the recipient with proper notice of the legal action and an opportunity to respond.

Common documents that may require service include:

  • Summons and Complaints
  • Subpoenas
  • Divorce and Family Law Documents
  • Eviction and Unlawful Detainer Documents
  • Small Claims Documents
  • Court Orders
  • Civil Litigation Documents
  • Other legal notices and documents

The exact requirements for service depend on the type of document, the parties involved, and the applicable jurisdiction.

Step 1: Prepare the Documents

The first step is obtaining the legal documents that need to be served, and organizing them for delivery, and knowing what the due date to have them served by is.

Depending on the situation, these may include a summons and complaint, subpoena, eviction-related documents, court orders, or other legal paperwork.

Process servers typically avoid assisting in the preparation of documents, as that crosses into the realm of actual legal service – which most are not qualified to do.

Step 2: Identify the Person to Be Served

The process server needs enough information to identify and locate the correct person.

At a minimum, you will generally need to provide the person’s name and a physical address where service is expected to take place.

Additional information can be extremely helpful, particularly when serving someone at a rural address or when there is uncertainty about whether the person still lives at the provided address.

Useful information may include:

  • Full name
  • Physical address
  • Mailing address
  • Telephone number
  • Employer or workplace
  • Work address
  • Vehicle description
  • Known schedule
  • Recent photograph
  • Names of household members or associates
  • Other identifying information

The more information available, the more efficiently a process server may be able to conduct the assignment.

Step 3: Hire a Process Server

Once you have your documents and information about the person to be served, you can hire a process server.

When selecting a process server, consider:

  • Where the person to be served is located
  • How quickly service needs to be completed
  • Whether the assignment involves a deadline
  • Whether multiple attempts may be necessary
  • Whether the person to be served may be difficult to serve
  • Whether the server provides detailed documentation
  • Whether the server is familiar with the area where service is needed

Once you’ve discussed the scope of the job and come to an agreement on their fee, you’re ready to move forward to the next step.

Step 4: Provide the Process Server With the Assignment

The process server will need the documents and information necessary to conduct the assignment.

Depending on the circumstances, this may include:

  • Documents to be served
  • Name of the person to be served
  • Service address
  • Deadline
  • Special instructions
  • Identifying information
  • Vehicle information
  • Known schedule or likely times the person may be present

Providing complete information at the beginning can help avoid unnecessary delays.

Step 5: The Process Server Attempts Service

The process server then travels to the specified location and attempts to locate and serve the intended recipient.

The number and timing of attempts can vary depending on the assignment and the client’s instructions.

A good process server will keep their ears open for additional information, and may suggest an attempt be made at another residence, workplace, business, or another appropriate location where they believe service can be made.

The process server may document information such as:

  • Date and time of the attempt
  • Location
  • Whether anyone was present
  • Whether contact was made
  • What occurred during the attempt
  • Relevant observations
  • Information obtained during the attempt
  • Whether service was completed

The goal is to provide an accurate record of what happened during each attempt.

Step 6: Service Is Completed

When the process server successfully serves the documents in accordance with the applicable requirements, the server documents the service.

The documentation typically identifies information such as:

  • Who was served
  • What documents were served
  • Date of service
  • Time of service
  • Location of service
  • Method of service

The exact information included depends on the circumstances and requirements of the assignment.

Step 7: You Receive Proof of Service / Non-Service

After an assignment is completed, the process server provides documentation of the result.

This is commonly referred to as a Proof of Service or Affidavit of Service.

The document provides a written record of what occurred and may be filed with the appropriate court or provided to the client or attorney.

If service could not be completed, the process server may instead provide an Affidavit of Non-Service or other documentation describing the attempts that were made.

Step 8: Receive and File the Proof of Service

Depending on the case and court requirements, the process server may provide the completed Proof of Service to the client or attorney for filing, or may be able to assist with filing it as part of a separate court-filing service.

It is important to make sure the Proof of Service is filed correctly and within any applicable deadline. The filing requirements can vary depending on the court and type of case.

It is ultimately on you or your legal counsel to ensure the Proof of Service has been filed with the court.

What Happens If Service is Unsuccessful?

Not every service attempt results in successful service.

A person may have moved, may not be present at the address, or may otherwise be difficult to locate.

When service cannot be completed, a process server can document the attempts and provide the client with information about what occurred.

Depending on the circumstances, the client may then decide to:

  • Provide additional information
  • Request additional attempts
  • Provide another address
  • Ask the process server to attempt service at another location
  • Consult an attorney about alternative methods of service

A documented unsuccessful attempt can still provide valuable information to the client.

How Many Times Will a Process Server Try?

There is no universal number of attempts that applies to every process-serving assignment.

The number of attempts may depend on:

  • The type of documents
  • The applicable service requirements
  • The client’s instructions
  • The deadline
  • The difficulty of locating the recipient
  • The location
  • Whether additional attempts are authorized

At Klickitat Process Service, routine service generally includes four attempts. Additional attempts or specialized service can be discussed when circumstances require it.

How Long Does Process Serving Take?

The time required depends on the circumstances of the assignment.

Factors that can affect the timeline include:

  • The recipient’s schedule
  • The service address
  • Rural or remote locations
  • Whether the person is home
  • The service deadline
  • Whether multiple attempts are required
  • Whether rush service is requested

If you have a court deadline, provide it when submitting the assignment so the process server can plan accordingly.

Important Legal Information

The information on this page is provided for general informational purposes only and is not legal advice. Process-serving requirements can vary depending on the type of document, the parties involved, the court, and applicable state or federal law.

If you are unsure how a document must be served or whether a particular method of service is legally sufficient, consult a qualified attorney or the applicable court rules.