Service of Process

March 22, 2022

When I started working as a lawyer, one of the first things I needed to figure out was how to serve someone. I originally used the constable for service, because I had so many pro bono clients. However, it took a long time and took some effort to mail everything in. 

After that, a friend recommended "Falcon Docs" to me. I have used Falcon Document Solutions ever since. Service of Process can be pricey, but the ease at which Falcon Docs performs the service is well worth it. I have also found them to be experts in finding persons who don't want to be found. 

I've also had to use private process servers in different states. How did I find private process servers in different states you say? I used the handy dandy google search. Finding a private process server is easier than you think, you just need to know where to look!

So how much does it cost to use a private process server? The best estimate I can give you is $90-200, depending on certain circumstances. For instance, there might be an out-of-area fee or an additional document fee. 

You might also ask what to do when service was attempted, but the server couldn't personally deliver the document(s). You should ask the private process server to prepare an Affidavit of Attempted Service. You might also want to ask the private process server to run a  skip-trace (i.e., an electronic deep dive into the person you need to serve) in order to show the address is valid. Once you have done one or both of these things, you can submit a Motion for Substituted Service and a proposed order to the Court for signature. You should make sure you include the Affidavit of Attempted Service and the skip-trace as exhibits on your motion. Once the order is signed by the Judge, you can send it to your private process server. After the private process server completes the substituted service, you will want to then ask them to prepare an Affidavit of Substituted Service. You will then file the Affidavit of Substituted Service as the "return." 

And that's it folks! Those are the basics of private process serving. I didn't include what happens when you need to serve someone by publication/posting, because I haven't actually had to do that before. I hope this article finds you well and helps you along in your practice.