Process Service FAQ

Service of Process is the procedure by which a party to a lawsuit provides appropriate notice of initial legal action (or subsequent legal action) to the other involved party/parties.

Serving the documents ensures that the other party/parties involved in the case are made fully aware of the details of the claim by providing a notice for all papers in the case.

Process Servers are unbiased third parties who deliver legal/important documents by hand to Defendant(s) or other involved parties.

Process Servers serve a range of documents, including:

• Claim forms, Summons/Complaints, Petitions and Writs
• Court Orders
• Statutory Demands
• Bankruptcy Petitions
• Proceedings for Child and Family arrangements
• Witness Summons/Subpoenas
• Divorce papers
• Non-molestation Orders/Protective Orders

A good process server is patient, observant, and uses their experience to read people and situations, including utilizing tools to defuse potentially escalating tempers. They are also knowledgeable of the law and can remain calm under pressure or in tense situations. They will have strong research skills to assist in locating individuals who may not wish to be found.

Due diligence means that we will make every effort to identify whether an address is valid or invalid, including such methods as speaking to neighbors, attempting service on different days and at different times, and noting vehicles on the property or the condition of the property (i.e. is power running to the home, is the yard kept, any visual observance inside the home to identify vacancy, any packages on porch, etc.).

• Routine Service provides up to three attempts within 3-5 business days.
• Rush Service provides up to three attempts within 24-48 hours.
• Same Day Service provides up to three attempts within 24 hours with the initial attempt(s) occurring on the same day as the request is made.

For all Routine and Rush services, attempts are made on different days and at different times, i.e. morning, afternoon, evening.

Whether you choose Routine, Rush, or Same Day Service, you will receive UP TO three attempts at any given address. Fees are incurred per address attempted and are due whether service is successful (Served) or unsuccessful (Non-Served) for any reason.

Upon completion of attempts, whether successful or unsuccessful, you will also be provided with an affidavit with the final outcome (notarized if required for the court).

We do not arrange service attempts under false pretenses. For example, if we are serving someone with a plumbing business, we will not schedule a fake appointment at a location in an attempt to lure them to that location for service. Additionally, we do not bring flowers or a pizza box to the door in an attempt to get someone to answer.

This policy is in place to protect the safety of our professional process servers. In the best of times, we cannot predict what a person's reaction to being served will be and we do not want to exacerbate the situation by approaching them with deception.

Depending on the circumstances, a process server can wait in the area for an individual to return so that service may be effected. However, at no time can a process server in SC, “stake out” a business or residence with the purpose of recording the comings and goings of anyone at the property. This type of activity requires a licensed private investigator.

The answer to this question depends on the jurisdiction in which the case has been filed and the circumstances under which they are refusing to be served. If repeated attempts have been made by the process server without making contact or with demonstrable evidence that the party is avoiding service, alternate methods may be required.

In some states “drop service,” the act of leaving/dropping the documents at an individual’s feet or in another location in their presence after positive identification is made and the documents are refused, is sufficient to constitute “good” service. In some states/courts, parties may be required to bring a motion to the court to obtain permission to use an alternate or substitute method of service.

Skip Tracing can be utilized to locate individuals who are hard to find or may have moved from their last known location. Skip Tracing utilizes databases that are not available to the general public that contain information such as vehicle registrations, utility billing addresses, aliases, relatives, etc.

Skip Tracing incurs an additional fee and results may be provided only to an attorney or authorized individual.

Once attempts have been completed, either successfully or unsuccessfully, the process server will complete a proof of service/non-service. This could be in the form of a certificate, a statement or affidavit, or other proof of service attempts as required by the court of jurisdiction. An experienced process server will know which is the required format for the proof of service.