Serving legal documents isn’t just about getting papers into someone’s hands — it’s about ensuring the right person receives them, in a way that holds up in court.
That’s why proper identity confirmation is one of the most important skills in service of process.
Whether you’re new to the field or you’ve been serving for years, confirming identity correctly protects:
✅ your proof of service
✅ the validity of the case
✅ your reputation as a professional
✅ the entire legal process
Let’s break down what identity confirmation really means, why it matters, and how to do it confidently — even when someone is being evasive.
Here’s the truth: courts don’t operate on vibes.
Even if you believe you served the correct person, a poor identity confirmation process can cause:
When identity confirmation is weak, it creates room for:
And the process server’s work becomes the easiest thing to attack.
Let’s be clear: identity confirmation doesn’t always mean getting someone to show you their driver’s license.
In most cases, you’re working toward reasonable certainty — a combination of:
The stronger your confirmation, the stronger your service.
Proper identity confirmation sounds straightforward… until you’re in the moment and someone answers in a way that’s technically responsive, but not actually a confirmation.
It sounds simple, but it’s still the gold standard:
If the person clearly responds:
✅ “Yes, that’s me.”
✅ “Yes, I’m [Full Name].”
✅ “That’s my name.”
…you’re in a strong position.
But here’s where process servers get tripped up:
a simple “yes” is not always identity confirmation.
When you ask “Are you John Smith?” someone might say “yes” because:
That’s why we’re verifying identity, not familiarity.
✅ If the response isn’t clearly personal (“Yes, I am John Smith”), you need to clarify.
Best practice clarifying questions:
Needing to clarify is not a failure — it’s what protects your service.
People lie. People panic. People dodge.
And some people genuinely misunderstand what you’re asking.
So if you’re not 100% sure the person is confirming they are the named individual, you can confirm additional details — without giving away sensitive information.
Depending on the situation, appropriate follow-ups include:
The key here is to confirm what you already know, not accidentally provide details the person can repeat back to you.
And remember: even if the person says “no,” that’s still useful information — as long as you document it clearly.
Sometimes, the named party isn’t the one who answers the door.
In those situations, you can still gather information that helps confirm identity and residence by asking:
If someone confirms the person is there or lives there, that strengthens your documentation — but it does not automatically convert the interaction into personal service.
Identity confirmation through association supports your notes and next steps, but personal service still requires the documents to be accepted by the named individual (unless your jurisdiction allows substitute service and you meet those requirements).
✅ Always follow your jurisdiction’s rules.
Here are the big ones that cause problems:
“Someone at that address accepted the documents.”
That does not prove it was the correct person.
If you say:
“Are you John Smith? I have a Summons and Complaint for Debt Collection for you.”
You’ve just given someone an easy way to dodge:
“Nope. Not me.”
Instead, ask neutrally first:
“Is John Smith available?”
If someone refuses to identify themselves, that’s not the end — it’s an important detail.
Document:
You will absolutely encounter people who:
In those situations:
Your behavior matters.
You’re not there to convince them — you’re there to document what happened.
If they match the description, are at the address, respond to the name, and appear to be the person, document that.
Write the record as if a judge will read it — because they might.
Process servers are the front line of the legal system.
Proper identity confirmation:
You’re not just delivering papers — you’re delivering due process.
And that starts with making sure you’re serving the right person, the right way.