Choosing a legal process server is a procedural decision with legal consequences. Improper service can result in rejected filings, delayed hearings, or dismissal of a case. While process serving may appear straightforward, courts apply strict standards to how service is completed and documented.
This page explains what to look for when selecting a legal process server and why experience, procedural knowledge, and documentation practices matter. It is provided for general informational purposes and does not constitute legal advice.
Why Choosing the Right Process Server Matters
Many service problems do not become apparent until after documents are filed with the court. By that point, correcting service errors can mean reissuing summonses, missing deadlines, or restarting procedural steps.
Common issues that arise from inexperienced or improperly selected process servers include:
- Proof of service rejected for missing or vague details
- Improper service on corporations or registered agents
- Failure to document multiple attempts or evasion
- Service completed using an unauthorized method
- Missed or miscalculated deadlines
These issues are avoidable when service is handled by someone who understands court expectations.
Experience and Procedural Knowledge
A qualified process server should understand not only how to deliver documents, but how courts evaluate service.
For an example of how requirements vary by jurisdiction, review the Maryland service of process requirements
Experienced servers are familiar with:
- Jurisdiction-specific service rules
- When personal service is required versus substituted service
- How many attempts are typically expected before alternative service is sought
- What information must appear in an affidavit of service
- Differences between district, circuit, and superior courts
This procedural knowledge is often more important than speed alone.
Documentation Standards and Proof of Service
Proof of service is as important as service itself. Courts rely on affidavits and certificates to confirm that notice was properly given.
It can also be helpful to understand the different methods of service and documentation practices that courts recognize, since acceptable proof may vary based on how service was completed.
When evaluating a process server, it is reasonable to ask how they document service. Reliable servers consistently provide:
- Clear attempt logs with dates and times
- Accurate address verification
- Identification of recipients for substituted service
- Affidavits completed in compliance with court rules
- Prompt filing or return of proof
Incomplete or generic proof is a frequent reason service is rejected.
Local Knowledge and Jurisdictional Familiarity
Service rules vary by jurisdiction. A process server who works regularly in a specific area is more likely to understand local court practices, filing expectations, and common procedural issues.
It is also helpful to review the service of process methods that may be used in your case, since documentation requirements can vary by method and court.
Local familiarity helps with:
- Access issues in secured buildings
- Common service challenges in certain case types
- Court-specific documentation preferences
- Timing expectations for hearings and filings
Out-of-area or outsourced service can increase the risk of missteps.
Local familiarity matters most in jurisdictions with strict filing expectations, such as Washington, DC.
Serving Individuals Versus Businesses
Service on individuals and service on business entities follow different rules. Many service problems occur when these distinctions are misunderstood.
A qualified process server should be able to explain:
- How service on corporations and LLCs differs from individual service
- The role of registered agents
- What to do when an agent cannot be located
- When alternative service may be appropriate
Failing to follow entity-specific rules can invalidate service even if documents were physically delivered.
Questions to Ask Before Hiring a Process Server
Rather than focusing only on price or speed, consider asking:
- How are service attempts documented
- What happens if the first attempt is unsuccessful
- How is proof of service prepared and returned
- Do they handle service locally or subcontract it
- Are they familiar with the court where the case is filed
Clear answers to these questions are often a better indicator of quality than marketing claims.
What Happens If Service Is Done Incorrectly
Improper service can prevent a court from exercising jurisdiction. Depending on the issue, this may result in:
- Rejected affidavits
- Delayed hearings
- Required re-service
- Dismissal without prejudice
- Default judgments being set aside
Selecting a process server with procedural experience reduces these risks.
If a party cannot be located after documented attempts, the case may require a motion for alternative service depending on the court and case type.
Frequently Asked Questions
Licensing requirements vary by state. Some jurisdictions require registration or certification, while others do not. Regardless of licensing, servers must comply with procedural rules.
Low cost service may be appropriate in some situations, but it can increase risk if documentation or procedural standards are not met.
No. Service depends on access, respondent availability, and court-approved methods. Experienced servers document attempts thoroughly and advise when alternative service may be needed.
A professional process server should retain service records long enough to support court inquiries, challenges to service, or follow-up filings. Detailed attempt logs, affidavits of service, and related documentation may be needed weeks or months after service is completed, especially if service is contested or alternative service is requested.
Skip tracing helps confirm or update a respondent’s location when an address is outdated or incorrect. A process server who can lawfully perform skip tracing reduces failed attempts and delays, particularly in cases involving evasive individuals or urgent deadlines.
Need a Reliable Process Server in Maryland, Virginia, and Washington, DC?
Choosing the right legal process server ensures that your legal documents are delivered correctly, protecting your case and upholding due process. From verifying credentials to evaluating service experience and pricing transparency, being informed helps you hire with confidence. For professional, certified, and reliable process service, trust Freestate Investigations.
Visit Freestate Investigations to request service or schedule a consultation today.
This content is for general informational purposes only and is not legal advice. Service of process rules may change and can vary by court or case. Consult the applicable court rules, a court clerk, or a licensed attorney for guidance specific to your situation. Freestate Investigations LLC is not a law firm.