The Reality of Process Serving

There are many misconceptions about the field of process serving. The popular legal and reality shows do very little in defining to the total scope of the field. Those who watch get a sense that being a process server is as easy as handing a person a paper and walking away. They see the attitudes and spiciness of the defendant receiving the document and think, "Wow, that's exciting!"

I am an experienced legal process server and this job is not what many think it is. I've been in the business too long to know exactly what process serving is all about and just how interesting it can get.

First, being a process server requires strict organization of time. Process servers handle multiple documents for multiple addresses in one day! It is absolutely critical that a server organizes their attempts geographically, leaving enough time for a last minute emergency run to the courthouse or rush paper. Most attorneys have a degree in last minute changes in combination with their law degrees. So you can expect a document you're already working on to suddenly change addresses to the other side of town. We begin sometimes as early as 5:30am on stakeouts to catch those elusive defendants who like to sneak out early on the way to work. We also work as late as midnight attempting to catch a police officer on duty on the late shift. Time is of absolute importance in this business. How you organize it determines how long you stay in it.

Another perception of the job of legal process serving is its level of danger. Aren't people going to be upset when they find out they are being sued? More than likely, yes. However, 80% of the people you deliver to will accept with little to no issues at all. Not much danger, but plenty of slammed doors. So what's this I'm hearing about legal process servers being killed or chased away with guns? Those incidents are few and far between and usually will involve a person who has the reached the bottom of their sanity. Family issues involving children, money stemming from a death, and divorce tend to heighten emotions. And process servers will have all of this information provided to them from the attorneys before they make their first attempt. Dealing with human emotions is extremely unpredictable. You might approach a home believing the owner will send a dog after you and he ends up being the sweetest gentleman you've ever met. As a professional in the business, I always prescribe a sweet and gentle attitude along with a little observation when making each attempt. The gentle demeanor will calm a wary person down and make them feel at ease. Your attitude goes a long way in getting the door open. As far as observation, jotting down what you see at a home will help to save you in court if you're left defending your service.

One very large misconception about process serving is that there is little paperwork involved. It's not like you have to sit in an office all day and type, type, type! Well, that's not entirely true. A completed service is not fully complete unless you finish your sworn affidavit stating what you did, when and where you did it, and to whom you did it to. This one document can make or break a case, seeing that the plaintiff cannot proceed with their case until all parties have been notified. So all process servers are charged with proofreading their affidavits with a fine tooth comb before submitting them to the clerk's office. Additionally, if you were unable to serve an individual for any reason, you have to create a sworn affidavit of due diligence, stating in detail why you were unable to effect service. This document needs to be precise so that the attorney can ask the judge for another form of service upon the defendant. I have personally corrected the same affidavit five times before it was approved! The paperwork in this business runs rampant and has to be dealt with on a daily basis.

Legal process serving is not meant for everyone. It involves incredibly long hours, spicy attitudes that can turn violent in the blink of an eye, and truckloads of paperwork. It is what you make of it. Don't believe everything you read or see on television. Talk with a professional in the field and find out for yourself just how fun this job really is!

Danielle R. Sowell is a professional server in Texas and the author of "The Truth about Legal Process Serving, a process server book that provides the hard to find facts about this business.