What Do Process Servers Do?

In this article

What is a process server?
Why are process servers important in the legal system?
What kind of papers does a process server serve?
Why would someone use a process server?
Who needs to be served?
Thinking of becoming a process server?


A process server is a trained professional who serves legal documents to defendants named in a court proceeding. While it might sound simple, their role in the legal process is crucial. What process servers do is more than just legal document delivery. They must understand local laws and procedures while being vigilant about every step involved in service of process.

What is a process server?

Process servers are unbiased third parties who deliver legal documents to defendants, often by hand. Part of their job is providing proper documentation (proof of service) that complies with local laws. This requires maintaining detailed records of service attempts and the final delivery, and accurately completing the proof or declaration so that documents are admissible in court. 

Process servers may be called to attest to their service in court. States and courts have different licensing, certification, or registration requirements, so it’s essential to choose a process server who stays compliantwith all relevant laws.

Process servers are unbiased third parties who deliver legal documents to defendants, often by hand.

Imagine how unjust it would be if someone lost a lawsuit simply because they were unaware they were being sued and never had the chance to defend themselves. This is where process servers come in. Process servers are trained to locate people and ensure they’re given notice of a legal action being taken against them. 

Proper service of processis required before a legal proceeding can begin. It doesn't matter if the person being served chooses to seek legal counsel or not after being served; it’s the notification that counts. Defendants who ignore served legal documents do so at their own risk.

What constitutes proof of service?

The process server is responsible for making sure proof of service is done correctly. Proof of service—sometimes called a declaration, return of service, or, when notarized, an affidavit of service—must be filled out according to local regulations to finalize service in most states. 

The person delivering the legal documents must sign the proof of service, effectively swearing under oath that service was carried out. The proof records the who, what, where, when and how of the papers being served. Once this document is complete, the server is legally liable for any issues that may arise from how service of process was performed.

Get the Ultimate Guide to Ensuring Proper Service of Process

Why are process servers important in the legal system?

Process servers with jurisdictional expertise are essential to due process. They understand service of process rules and help legal cases move forward effectively. So, what do process servers do in legal proceedings?

1. Protect due process

Process servers ensure parties receive formal legal notice, which is a constitutional right. They ensure timely and proper delivery of summonses, complaints, subpoenas, and other documents.

2. Ensure compliance 

Every jurisdiction has its own rules and timelines for service of process, and professional process servershave been trained to meet these requirements. They understand proper service and conform to those standards, reducing the risk for delays, dismissals, or canceled judgments due to improper service.

3. Provide admissible proof

Process servers must accurately fill out a proof of service form,which serves as evidence that service was completed properly. Correct completion of the form is required to file with the court and help move a case forward.

4. Keep legal proceedings on track

Reliable process servers help law firms keep cases on schedule by handling service of process accurately and efficiently. This allows legal teams to focus on their cases instead of having to manage and follow up on service of process tasks.

What kind of papers does a process server serve?

Process servers deliver a wide range of legal documents, including summonses, complaints, subpoenas, writs, eviction notices, and restraining orders. Their job is to ensure these court documents and legal actions are properly served so cases can move forward.

But you can’t simply declare you’re going to sue somebody and leave it at that. You must follow the proper legal process. A lawsuit beginswhen a petition or a complaint is filed with the court. At that point, the court will issue a summons. 

A summons outlines the complaint and serves as a formal notice to a defendant that a lawsuit has been filed against them. In many cases, additional court documents and legal actions beyond the summons must also be delivered to the defendant. Depending on the case and the court, a process server may be responsible for delivering a range of legal documents, including:

• Summons and complaints are legal documents that initiate most civil lawsuits. A complaint outlines the allegations made by the plaintiff, while the summons requires the defendant to respond within a set timeframe.
• Subpoenas are legal orders that require a person to appear in court or produce requested documents or records. A process server ensures that subpoenas are properly delivered to witnesses, experts, or third parties.
• Writs are formal written orders issued by the court that direct an individual or entity to take—or stop—a specific action. Examples include writs of garnishment (collecting money from a paycheck, such as for child support); writs of execution (seizing property to satisfy a judgment); or writs of possession (reclaiming real estate from a tenant). These types of documents often require delivery by an authorized process server.
• Tenant eviction documents are notices served in landlord-tenant disputes; process servers deliver eviction-related documents, such as a notice to vacate. Process servers deliver these documents in compliance with local laws and deadlines, which vary significantly, helping landlords avoid costly procedural mistakes. 
• Restraining orders are time-sensitive documents that provide critical legal protection to individuals. Process servers deliver these quickly and securely, often with documentation showing the time, manner, and location of service. 

In every situation, a defendant must be given documents that are accurate and true. Whatever the document type, it’s critical to hire a reliable process server who understands the ​​importance of accurate, timely delivery in compliance with court procedures.

Do process servers serve criminal papers?

Generally, no. Process servers are usually hired to handle legal document delivery for civil cases, not criminal matters. Their role is to deliver documents like summonses, complaints, subpoenas, eviction notices, and family law filings. 

Service of process for criminal cases may include arrest warrants, criminal subpoenas, or court orders, which are typically carried out by law enforcement officers like sheriffs or police. This is because criminal service of process often requires the authority to detain, enforce, or act in an official government capacity.

There are some exceptions where private process servers may be permitted to serve criminal subpoenas for witnesses, especially in pretrial phases or investigations (and if no arrest or enforcement authority is involved). Of course, these rules vary depending on the jurisdiction.

Why would someone use a process server?

Process servers provide legal support for all kinds of legal matters. Attorneys, businesses, landlords, and individuals may need a process server to protect due process rights, ensure legal requirements are met, and move a case forward. Here are some common reasons someone would use a process server:

• To initiate a lawsuit – serving a summons and complaint to officially start legal proceedings
• To ensure legal compliance – following rules for how, when, and by whom documents must be served
• To reach hard-to-locate individuals – finding and delivering documents to evasive or uncooperative parties
• To deliver time-sensitive or high-priority documents – handling legal documents with strict deadlines or legal urgency
• To provide proof of service – submitting a sworn declaration documenting how service was completed
• To keep the case moving – preventing delays, mistakes, and procedural setbacks

A well-vetted process serverensures that legal documents are delivered promptly and in full compliance with the law. This step is crucial in starting or advancing a civil case. From filing a lawsuit to requiring a court appearance, a process server plays an essential role in making sure the other party is legally notified.

Who needs to be served?

As you can see, people need to be served for a variety of reasons. However, if a lawsuit names multiple defendants, then every adult listed must receive service of process. It’s also important to remember that service of process isn’t just for individuals. Corporations, partnerships, counties, cities, and other entities involved in a lawsuit must also be served court documents. 

A process server can’t simply walk up to a company’s headquarters, slap a document against the window, and call it done. Usually, documents are delivered to an official agent (often a registered agent) who acts on behalf of the entity named in the lawsuit. Requirements for service of process might vary depending on the type of entity and the nature of the lawsuit.

Thinking of becoming a process server?

Being a process server offers many advantages, especially for people who enjoy working for themselves. Process servers can work for individual law firms or paralegals, or affiliate with a company like ABC Legal, which provides training and opportunities for qualified servers.

Who can be a process server?

Most states generally aren’t very restrictive when it comes to process server job requirements. Although regulations vary by location, most of the time, a legal document server must be an unbiased third party. That means an adult who has no interest in the case at hand. Neither the plaintiff nor defendant can serve one another with legal documents, and the person serving them can’t profit from or be affected by the outcome of the case. 

Some states have additional requirements, such as a residency requirement or certification for process servers. Every process server must follow court regulations regarding how to serve legal documents, when service may be attempted, and how to verify the completion of service of process.

Many jurisdictions allow law enforcement officers or local sheriffs to complete service of process. Since regulations differ from place to place and are often complex, it’s best to hire a qualified process server to avoid problems. Errors during service can affect the case’s timeline and outcome. A skilled process server can help keep your case on track.

Looking to become a process server? Learn more about qualifications and opportunities.

How long does it take to become a process server?

The time it takes to become a process server varies by state and local court requirements, but it can often be done quickly, sometimes within a matter of days or weeks. Some courts require certifications, special training, passing a background check, or registering with the court or county. Others have minimal requirements, mainly related to residency and age. 

While becoming a process server might not take long, developing the skills to serve documents effectively and understanding local service of process laws can take more time. Process servers must know civil procedure rules, meet strict deadlines, and handle sensitive situations in a professional manner.

For a deeper look at process server requirements, read our guide to becoming an ABC Legal process server.

See how ABC Legal process servers can help your law firm

Relying on an independent process server can be risky. While some servers are dependable, others may lack the consistency, training, or jurisdictional knowledge your case requires, especially if you're handling legal matters across multiple states with a variety of service of process rules.

ABC Legal serves legal documents nationwide, supporting law firms, government agencies,and legal professionals in all 50 states and 88 countries worldwide. With a vetted network of experienced servers across the country, we ensure your documents are delivered efficiently, accurately, and in full compliance with local rules. 

Ready to simplify service of process? Start a conversation with us or place an online order in minutes.

Updated on November 13, 2025.