What is a Process Server in Law Enforcement?
If you have ever received a notice in person or on your door about a court proceeding chances are those papers were delivered to you by a process server. A process server's job is very important in law enforcement and is often harder than you may think. Law enforcement officials commonly act as a process server. However, a person can be a process server without being a law enforcement official.
When you involved in a lawsuit where someone has chosen to sue you, you will be notified via hand-delivered papers. Under the United States' Due Process of Law, any individual that has a case against them also has the right to defend him or herself before a judge. This is where a process server comes into play because his or her job is to deliver those papers to you. In certain states, process servers are required to be licensed, registered or may have to pay a surety bond before taking on any duties.
A civil process server can be just about anyone over eighteen years old in many states but you cannot be a part of the lawsuit or case. This is often a difficult task if the process server is not in a law enforcement or court official uniform. This causes confusion on the defendant’s part and they may refuse to answer the door. Some of the defendants will even try to cause physical harm, be verbally abusive, or run from process server as soon as he or she tries to give them the papers.
A private process server does the same thing a civil process server, except he or she may cost more and offer more services. Private process servers may make several attempts to get the papers served or do extensive research to locate the defendant if they are not at the last known address.
No matter what type of process server is used, each state has certain procedures of how the papers must be delivered. Depending on the state and what type of lawsuit it is, the process server may be allowed to place the papers on the defendant's door or the papers may be required to be accepted by only the defendant. In some situations, the papers may be able to be left with another person at the residence.
A law enforcement official is most times more effective in serving papers. The person being served may not act with physical or verbal abuse if the process server is a law enforcement official in uniform because they may face charges. After the papers are delivered or all attempts have been made, the process server records the findings and reports it back to the plaintiff for as a completed job.