Frequently Asked Questions

PROCESS SERVING

What is a process server?

• A process server is an individual responsible for delivering legal documents, such as summonses, complaints, and subpoenas, to the people involved in a court case. This formal delivery, known as "service of process," is crucial for ensuring due process under the law. 

Who can serve legal documents?

• In many jurisdictions, any person over the age of 18 who is not a party to the case can serve legal documents. However, it is highly recommended to use a professional, registered process server who understands specific state laws, as improper service can lead to case dismissal or delays. In California, an individual who is not a registered process server, can not serve more than 10 per year. Other states have some of the same rules but some rules may vary.

What types of documents are served?

• Process servers deliver various documents, including: 

  • Summonses and Complaints

  • Subpoenas

  • Writs

  • Divorce papers and child custody orders

  • Eviction notices

  • Protective and restraining orders 

What happens if the person avoids service?

• Avoiding a process server does not stop a legal case; it only prevents the individual from defending themselves, which can lead to a default judgment against them. Process servers are persistent and use methods like skip tracing (locating individuals using public records and databases) to find hard-to-serve people. 

• If personal service is impossible after multiple attempts and documented due diligence, the court may permit alternative methods such as: 

  • Substituted Service: Leaving documents with another responsible adult at the recipient's home or workplace, followed by mailing copies.

  • Service by Publication: Publishing a notice in a newspaper if the individual cannot be located.

  • E-service: Electronic service, though this typically requires court approval. 

What are the rules for serving papers?

• Rules vary significantly by state. 

  • When: Service generally occurs during "reasonable hours," in California it is between 6:00 AM and 10:00 PM. Some states prohibit service on Sundays or holidays.

  • Where: Service can often happen anywhere the person is found, including their home or workplace, but servers generally cannot break into a home.

  • Conduct: Process servers must be honest about their identity and purpose and cannot lie or pretend to be someone else, such as a police officer. 

What happens after documents are served?

• After successful service, the process server completes an Affidavit of Service (or Proof of Service), a sworn statement detailing who was served, when, where, and how. This crucial document is signed, often notarized, and returned to the client (or the court, for an additional fee) to prove that the legal requirements for notice have been met. 

Are your service methods compliant with state laws?

• Absolutely. We follow all state-specific rules for personal, substitute, stakeout-supported, and posting/mailed service.

Do you offer out-of-state service and/or international service?

• Yes. We complete nationwide and international service through our certified process server network upon requests and follow the jurisdiction’s service laws.

SKIP TRACING

What is skip tracing in process serving?

• Skip tracing finds someone’s current address when previous information is inaccurate.

How fast can skip tracing be completed?

• Most skip traces return results within minutes to a few hours.

Do you provide skip tracing for out-of-state individuals?

• Yes, we offer nationwide skip tracing with verified data sources.

Why is skip tracing important for legal cases?

• It ensures defendants receive documents correctly so cases can move forward.

Is skip tracing accurate?

• We use multiple databases and cross-check results to ensure accuracy.

Can skip tracing help when someone is avoiding service?

• Yes. Skip tracing identifies updated contact points to complete service legally.

STAKEOUTS

What is a stakeout in process serving?

• A stakeout is when a server waits at a location to observe and confirm when a subject appears so legal documents can be served successfully.

When is a stakeout necessary?

• Stakeouts are used when someone is avoiding service, not home during typical hours, or when their daily routine needs to be confirmed.

How long does a stakeout usually last?

• Most stakeouts last two to five hours per attempt, depending on service requirements and the subject’s behavior patterns.

Are stakeouts effective for hard-to-serve individuals?

• Yes. Stakeouts help identify when the individual leaves or arrives, increasing the chances of successful service.

Can stakeouts confirm a person’s address?

• Yes. Stakeouts help verify that the subject actually resides or works at the location before attempting service.

Do stakeouts help gather evidence?

• Yes. Investigators can document movement, take photos or video, and provide proof of presence for legal cases.

Are stakeouts legal?

• Stakeouts are legal when performed without trespassing, harassment, or privacy violations.

Can stakeouts determine someone’s work schedule?

• Yes. Stakeouts help establish patterns such as work times, arrival, departure, and habits essential for locating individuals.

Are stakeouts included in process serving fees?

• Stakeouts are billed separately, normally charged per hour, due to time and resources required.

Next Step: Contact us at 213-714-2256 or Place Order Online 24/7 for faster service.