How Paralegals and Legal Assistants Can Select the Best Process Server

How Paralegals and Legal Assistants Can Select the Best Process Server

Service of process is one of those litigation tasks that rarely gets attention unless something goes wrong. When it does, the consequences tend to be immediate and expensive. Cases are dismissed. Deadlines are missed. Judges lose patience. Clients lose confidence.

For paralegals and legal assistants, choosing a process server is not a clerical decision. It is a risk-management decision that directly affects whether a case can proceed at all. Courts may forgive minor filing errors or formatting issues, but defective service strikes at the heart of due process. If service fails, everything that follows can collapse.

Service of process is not a formality

Due process requires that parties receive proper notice before their rights are adjudicated. That principle is easy to state and difficult to enforce in practice. Courts rely almost entirely on the accuracy and credibility of the process server’s work to determine whether notice was properly given.

When service is challenged, judges do not investigate the case’s merits. They examine the service itself. Who served the papers? Where? When? How? And whether the method complied precisely with the applicable statute. If any of those elements are unclear or unsupported, the court may find service invalid regardless of intent.

This is why service of process cannot be treated as a commodity. The lowest-cost option is rarely the lowest-risk option.

The real cost of a bad process server

Improper service can create problems that surface months later. A default judgment may appear valid until a defendant successfully moves to vacate it. At that point, the firm may have to restart litigation, absorb unrecoverable costs, and explain the delay to an unhappy client.

Worse still, if a statute of limitations expires during that period, the client may permanently lose the ability to pursue the claim. At that stage, the issue is no longer procedural. It becomes professional liability.

From a firm management perspective, those risks far outweigh the marginal savings of using an unreliable vendor.

Verifiable attempts matter more than promises

One of the most important developments in modern process serving is the expectation of objective verification. Courts have become increasingly skeptical of bare affidavits that rely solely on a server’s word.

Many reputable agencies now document every service attempt using GPS-based location tracking. Each attempt is recorded with coordinates and timestamps, creating an independent record of where the server was and when. This is particularly important when service is contested long after it occurred.

For paralegals, this kind of documentation should be non-negotiable. If a server cannot produce attempt-level verification, the firm is relying entirely on trust. In contested cases, trust is rarely enough.

Avoiding fraudulent or careless service

Fraudulent service practices, often referred to as “sewer service” have led to widespread scrutiny of the process serving industry. Even when fraud is not involved, sloppy documentation or rushed attempts can create the same practical outcome: service that does not hold up in court.

A good process server understands that their affidavit may be examined months or even years later. They write reports accordingly. Dates, times, physical descriptions, and methods of delivery should be detailed and internally consistent. Ambiguous language invites challenges.

Paralegals reviewing service reports should be alert to vague descriptions, recycled language, or missing details. Those are early warning signs that the service may not withstand judicial review.

Skip tracing is not optional in real cases

Many defendants do not remain at the address listed in a complaint. Some move intentionally. Others simply fail to update records. In either case, service becomes an investigative task.

Skip tracing isn’t just about tracking people down; it depends on having access to solid data and knowing how to read it. That kind of skill doesn’t happen overnight. Public records alone are rarely sufficient. Professional servers often rely on aggregated databases that combine property records, credit header data, utilities information, and vehicle registrations.

Equally important is judgment. A skilled server knows how to evaluate conflicting information, identify likely current locations, and time attempts based on observable patterns. Random visits at inconvenient hours waste time and money.

For legal staff, it is reasonable to ask how a server conducts skip tracing, what data sources they use, and how they decide when and where to attempt service.

Due diligence documentation can decide a motion

When personal service cannot be achieved, courts often require proof that reasonable efforts were made before authorizing alternative service methods. This proof typically comes in the form of a due diligence affidavit.

Judges expect to see a clear narrative of efforts made. How many attempts. On which days. At what times. What observations were made. A conclusory statement that the defendant “could not be located” is rarely sufficient.

Process servers who understand this expectation document their work accordingly. Those who do not may inadvertently sabotage the firm’s ability to obtain alternative service, delaying the case further.

Timing and communication are part of competence

Rules governing service impose strict deadlines. Missing them can result in dismissal without prejudice, which may be fatal if the limitations periods are tight.

Reliable process servers understand litigation timelines and structure their operations accordingly. Standard service should be predictable. Rush service should be available when circumstances require it. Most importantly, delays should be communicated early.

Let’s talk workflow. These days, online portals and real-time updates aren’t nice-to-haves. They’re essential. With these tools, paralegals can stay ahead, managing cases before problems show up, not just responding after the fact.

You can’t just assume you’re in the clear when it comes to jurisdictional rules.

Process serving authority varies widely by jurisdiction. Some states require licensing. Others require registration, bonding, or court appointment. Local rules may impose additional restrictions.

Using an unauthorized server can invalidate service entirely. Paralegals have to check that a process server is authorized to serve papers in the place where service needs to happen and not just where the law firm is based.

Sure, professional memberships and certifications look good. But they don’t mean much if the server can’t prove they’re allowed to work in your target jurisdiction.

Professionalism reflects on the firm

Process servers are often the only representatives of the legal system a defendant will encounter early in a case. Their conduct shapes perceptions, for better or worse.

The best servers keep things low-key. They don’t start drama, and they respect people’s privacy. They know they’re there to do a job, not dole out punishment. That sort of approach keeps complaints down and stops situations from getting out of hand.

Unprofessional behavior, by contrast, reflects poorly on the firm and can escalate matters unnecessarily.

Don’t just pick the first name you see.

The best firms treat process serving as part of their broader litigation strategy. They don’t leave it to chance. They screen vendors, set clear standards, and stick with providers who deliver every time.

Here’s where paralegals and legal assistants come in. Their sharp eyes and practical know-how often spell the difference between service that helps a case and service that causes headaches.

Selecting the right process server is not about convenience. It is about protecting the integrity of the case, the firm, and the client’s interests. Select the right process server by contacting LawServePro today!

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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How Paralegals and Legal Assistants Can Select the Best Process Server

How Paralegals and Legal Assistants Can Select the Best Process Server

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

Request a Free Quote

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