What is a Process Server?

The title “process server” is one that those in the legal field know all about, and those outside of the legal business probably have little to no understanding of.

Service of due process is a privilege set forth by the Constitution.  This means that all citizens of the United States hold the right to be informed of being summoned to a court of law or a another legal proceeding such as a deposition.

Process servers were intended as a messenger system to notify individuals of their constitutional rights to due process of law by “serving” them with a notification that states the legal issue that involves them specifically.  Originally legal papers were served to individuals by their local county sheriff.  As America grew, the local sheriff could not keep up with the endeavor.  So there was a need for an individual to deliver these papers legally and in a timely manner, and for that reason, process servers were formed.

In modern times, process servers perform an assortment of tasks such as filing court papers, serving legal documents, and document retrieval.  However their principal job is to deliver or “serve” legal documents to a defendant or person involved in a court case.  They are also required to provide actual evidence that the legal papers were served, called an affidavit of service, or proof of service, which must be notarized and given to the individual or company who required the papers to be served.

Process serving laws differ by state, so please check your individual state requirements to obtain your license.  Usually application, fingerprinting, and perhaps educational classes are required.  In addition most states require the process server to post a bond with the state authorities.  The bond is protection for other parties against your mistakes or if your error causes damages to someone else.

Ashton Agency has been providing license bonds for more than 45 years.  Visit our website at www.ashtonagency.com, or call us toll free at (800) 451-4854 to get your Process Server Bond now!