What is a Special Process Server in Missouri?

What is a Special Process Server in Missouri?

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’s 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 in Missouri?

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.

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 (however, in St. Louis, they should be 21 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.

Here’s where it gets a bit interesting. Missouri doesn’t require private process servers to have a statewide license. That’s because a special process server appointment only covers one specific case. But some cities have their own rules. Take the City of St. Louis, for example. If you want to serve papers there, you need to be at least 21, have a high school diploma or GED, finish five training classes, and get a local license. Even in places without licensing requirements, Missouri courts usually prefer appointing someone who actually knows what they’re doing when it comes to serving legal documents. This matters even more when the service has already been a pain to deal with. That’s why professional process servers and licensed private investigators end up being the go-to choices when someone needs a special process server appointed.

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.

How to Request a Special Process Server in Missouri?

Under Missouri law, you can’t just decide someone’s going to be a special process server. You have to get the court’s approval first, and there’s a specific form you need to file with the circuit court to make that happen. In places like St. Charles County, you submit a Request for Appointment of Special Process Server based on the local court rules. The form asks for basic info about who you want to appoint: their name, address, and phone number. It also makes it clear that you’re appointing this person at your own risk. One important thing the Missouri courts spell out on this form is that being a special process server doesn’t give someone the right to carry a concealed weapon while they’re serving papers. After the circuit clerk or judge signs off on your request, that person is legally allowed to serve the summons and petition for that particular case. It’s basically an alternative to using the sheriff when the usual methods aren’t working out or are taking too long.

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.

How to Select the Best Special Process Server

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.

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.

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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 in Missouri?

What is a Special Process Server in Missouri?

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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