What is a Special Process Server?

What Does It Mean To Be Served?

Getting a person technically served with court paperwork is not that simple. You locate a person, deliver the paperwork to them, submit the proof, and are done with it. But life is not that simple either.

How do you reach the person who is purposely hiding? What if he is tucked away in a place that is inaccessible to you? What if there is a time constraint and waiting is not an option for you? What if former efforts have already been unsuccessful?

These are the circumstances under which a typical process server will not suffice. That is where a specialized process server is indispensable to putting your case back on the right path.

Who Is a Special Process Server?

A special process server is not like a standard process server in one key aspect: they are assigned directly by a judge with the explicit purpose of handling your case.

Here’s the process. When regular service procedures are not getting the job done, a party in the suit files a motion with the court requesting that they assign a very special person to do the task. The court considers the petition, and if it thinks it is needed, it grants an order that confers a particular individual temporary statutory power to deliver the papers in that particular case alone.

This man can be a seasoned process server. He can be a private detective. He can be anyone who qualifies under the court’s bare requirements. But whatever he is, he is filling in the gap because conventional methods have reached a dead-end.

The important thing to know: a special process server receives their authority from the court order. Their order grants them the legal right they must have to complete the task, but just for that specific case. Once that case is completed, their power is no more. They can’t then employ it in a different legal situation.

What is a Special Process Server Anyway?

The basic job is a simple idea that is a complicated process: get the papers to those who need to get. The best that is, is to give the papers in person. Personal delivery is always the choice here because it is the simplest, non-contestable way to establish that a person received notice.

But if the person is hiding or difficult to locate, that is where the work gets complex. A particular process server must attempt, a reasonable number of times, to find the person and deliver those papers to them. They must be secretive about it. They may stake them out, do a background investigation, or discern where and when they will most likely be located.

If personal service is not a winner, then there are alternatives. They can leave them with a different person at the individual’s house (substituted service). They can mail them via certificate mail. They can conduct electronic service if the court permits them to do so. In extreme cases where everything else is not a winner, they can petition the judge for leave to publish them in a newspaper or post them in a public place.

But this is the clincher: whoever they choose, they must report back. They must write down who they served, how they served them, where they served them, and when they did it. This is the paperwork known as a “proof of service” or “affidavit of process service.” It is signed and filed at the court. It is the official proof that the service really did take place the correct way.

A special process server must also remain neutral. They are not allowed to have any personal interest in the outcome of the case. They are not there to represent anyone or to scare anyone off. They are there to advise and to abide by the rule, period. They must always remain professional and non-aggressive, and they must abide by each local regulation governing how service functions in your jurisdiction.

How Is a Person Made a Special Process Server for Your Case?

The process is a formal and court-controlled process of appointment. This is how the process works.

The first step is that a person with a stake in the court case (often the plaintiff or their attorney) submits a petition to the court requesting that a special process server be appointed. The petition must specify information on whom they are requesting to be appointed and why he or she is qualified and unbiased.

The court has relatively simple requirements for who can be appointed. The individual must be 18 or older. They can’t be a party to the case already. They must be mentally fit. And they can’t have criminal convictions that would disqualify them, or other legal bars that would disqualify them.

In an interesting twist, they also do not have to be licensed, as this is a solitary appointment specifically for this case. But courts are typically in favor of appointing a person with experience handling paper serving, at least if things seem messy. That is why process servers and private detectives typically receive such appointments.

Then a judge weighs in. They consider factors such as whether prior efforts at service have been unsuccessful, how pressing the situation is, and whether the individual suggested is really qualified and impartial. If he believes that makes sense, he makes a jeopardy order that is a formal court authorization for that person to effect service in this particular case.

Once the papers are served, the server submits the proof of service to the court to verify that everything was properly done.

When You Really Require a Specialty Process Server

Standard procedures for service are efficient enough to work under most circumstances. But we have times they fall short, and that is when a particular process server must interject.

The Person Is Actually Hiding: perhaps they are expecting an ordinary process server, and they slip indoors. Perhaps they have really moved and have not left a forwarding address behind. Perhaps they are openly avoiding service since they are aware that they are about to be sued. A special process server has procedures and equipment that an ordinary server lacks. They can stake a place out, they can locate a person, and they can be more resourceful about completing the task.
The Location Is Difficult to Access: Perhaps the individual is in a distant region not typically serviced by standard process servers. Perhaps they are in another state. Perhaps they are in a location that is hard to get to. A specialist process server with native experience or relationships can regularly manage circumstances that would otherwise be unmanageable.
The Case Enters Delicate Territory: With family law cases, domestic violence cases, or cases that concern celebrities, you require a person able to professionally and discreetly deliver papers. You do not desire unwanted drama or a spotlight. A special process server can professionally and ceremonially deliver papers in delicate territory situations.
Time Is Running Out: You may have a court hearing looming in a week or so, or a nonemergency protective order that must be served right away. Sheriff departments have backlogs. They may take weeks to work their way around to your case. A special process server is usually able to do it that day or within a few hours. When time is a squeeze, that expedience can mean the difference between your case going forward or holding back.
Former Efforts Have Failed: If a regular process server has already attempted several times and was unable to contact the individual, then the court may permit a special process server to attempt a different, harsher means.

Special Process Server vs. Private Process Server: How Are They Different?

We are discussing both special process servers and private process servers, and they are both very confusing in regard to what they are.

The variation is in the manner they derive their power and in their timing.
A private process server is a person whom you directly hire (or get appointed by the county sheriff’s department) to perform daily service work. They will most often hand-deliver summonses, they’ll hand-deliver complaints, and they’ll hand-deliver other typical paperwork. They may be licensed or certified, that is, they have received training and have been tested. You do not require court approval to employ them. They are used for typical cases that are not special with complications.

A special service person is commissioned by a court for a particular case in which something is not functioning. They derive their power from that court order of a particular judge. You can’t directly employ them. The court must approve their commission. They intervene after standard service is not functioning or where a situation requires something more.

A process server by a special process server will cost between $40 and $200, on average, per hour, although a rush case or a complex case will cost more. You will also have to cover court filing fees to have the appointment motion filed.

How to Select the Best Special Process Server

Your case will succeed or fail on appropriate service. That makes selecting the correct special process server a big deal.

Here’s what we recommend looking for:

Experience and Success: Search for a person with a true record. Has he or she ever successfully prosecuted cases like yours? A seasoned process server with experience handling your kind of case (divorce, business disputes, eviction, whatever your situation) will know what to do and will get what he or she is after.
They Know the State Laws: State laws for service differ. They can do something in California that wouldn’t be allowed in Texas. Make sure whoever is handling this comprehends the unique requirements in your state. That experience typically means they have worked on a lot of cases in your area and are familiar with court requirements.
They’re Ethical and Professional: This is a given. A special process server who skips procedure or acts unethically, such as by lying about who they are or intimidating the defendant, invalidates the service. You’re back at the beginning, and the defendant can move for dismissal. You require someone to do things right, no exception.
Get a Referral: You can ask your attorney, a court clerk, or a court support service. They will be able to direct you to individuals who not only know what they are doing but also do the job right.

Knowing when and why you require a special process server can make a tangible difference. If dealing with a difficult person to locate, a delicate matter, an urgency, or hard deadlines, or prior service disappointments, a special process server supplements skills and techniques that ordinary service methods are not equipped to address.

They are not about wasting more money just to waste money. They are about ensuring that your case goes on without getting hijacked by service issues that might have been prevented with the appropriate expert initially.

If you are dealing with a difficult service situation, we can assist. Contact LawServePro to talk with a representative about your case and learn if a special process server is what you are best suited for.

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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What is a Special Process Server?

What is a Special Process Server?

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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What is a Special Process Server?

What Does It Mean To Be Served?

4th Amendment Protection Against Unlawful Searches and Seizures

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