LEGAL PROCESS SERVERS VS SHERIFFS: ROLES POWERS AND DIFFERENCES

This article will provide guidance on Legal Process Servers vs Sheriffs: Roles, Powers and Differences. When legal documents need to be delivered to parties involved in court cases or other legal matters, two primary options are available: Process Servers vs Sheriffs. While both serve the crucial role of delivering legal documents and ensuring due process, there are significant differences between Process Servers vs Sheriffs in terms of their roles, powers, and overall approaches. This article will explore those key distinctions and discuss factors to consider when deciding between using a process server or a sheriff. Click here for information on Frequently Asked Questions About Process Servers.

Roles and Responsibilities

Sheriff’s Role: A sheriff is a sworn law enforcement officer who is either elected or appointed to oversee a specific jurisdiction, typically at the county level. In addition to delivering legal documents like a process server does, sheriffs have broad law enforcement powers and responsibilities, including:

• Maintaining public order and safety
• Making arrests and enforcing court orders
• Providing security for courthouses and other county facilities
• Overseeing county jails and correctional facilities
• Conducting criminal investigations
• Issuing citations and responding to emergency calls

As such, document delivery is just one of many duties that fall under a sheriff’s purview. Sheriffs are responsible for upholding the law and ensuring public safety across their entire jurisdiction.

Process Server’s Role: In contrast, a process server has the more specialized role of delivering legal documents to the intended recipients in accordance with due process laws. Common types of documents that process servers deliver include:

• Summonses and complaints
• Subpoenas for witnesses or records
• Writs and court orders
• Eviction notices
• Divorce or child custody papers
• Other legal notices

Process servers are not law enforcement officers. They are impartial third parties who are hired by law firms, courts, businesses or individuals to ensure that legal documents are properly served to the named parties. By focusing solely on this legal delivery role, process servers help ensure that parties receive adequate notice and have the opportunity to respond to any legal action against them.

Legal Powers and Mobility

One key difference between sheriffs and process servers is the legal authority they have when serving documents. As law enforcement officers, sheriffs have more expansive powers to access properties and deliver documents. For example:

• Sheriffs can enter gated communities, secured buildings or other private properties with restricted access in order to serve documents
• Sheriffs can serve documents to individuals who are incarcerated or in police custody
• In some jurisdictions, sheriffs may be able to compel the named recipient to accept the documents or leave them at the premises if the person refuses service

Process servers, on the other hand, are more limited in their legal authority. They must generally abide by trespassing laws and cannot enter private property with clear “no trespassing” signs or restricted access. If an individual is actively evading service, process servers cannot forcibly compel them to accept the documents like a sheriff potentially could. Click here for information on How The Role of Process Servers in Crucial In The U.S. Legal System.

However, process servers may have more flexibility and mobility compared to sheriffs in other ways:

• Process servers often have more flexible hours and can attempt service on evenings, weekends or holidays when many sheriff’s offices have limited staffing
• Process servers can coordinate specific times to meet an individual for service, whereas sheriffs are bound by their set schedules and duties
• Process servers have more time to spend tracking down hard-to-locate parties since this is their sole focus

So while sheriffs have an edge in legal authority, process servers may have advantages in terms of flexibility and dedication of time to achieving service.

Knowledge and Accountability

Another area where Process Servers vs Sheriffs differ is in their specialized knowledge and accountability for achieving service.

Process servers tend to have deep knowledge of service of process laws, which can be complex and vary by state or jurisdiction. Since successful service is critical to their business, servers must stay up-to-date on legal requirements such as:

• Permissible methods of service (in-person, substituted service, service by mail or publication)
• Regulations around serving individuals at their home or workplace
• Hours or days when service can legally be performed
• How to navigate challenging scenarios like gated communities or evasive recipients
• Properly documenting and verifying proof of service to the court

In contrast, sheriffs are responsible for knowing a wide breadth of laws related to criminal and civil matters beyond just service of process. As such, they may not always be as attuned to the nuanced requirements or latest updates to service laws.

Process servers are also directly accountable to the clients who hire them in terms of achieving successful service in a timely manner. If a process server is consistently unsuccessful or delivers poor customer service, they will likely lose business to competitors. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

Sheriffs have a level of accountability as well, particularly if they are elected officials. However, their accountability is to the broader public in terms of performing their overall law enforcement duties effectively. They may not face the same direct consequences as process servers would for failing to complete service or being unresponsive to client needs.

Costs and Value

Cost is another consideration when deciding between a sheriff and a process server. In many cases, the direct cost between the two options is comparable, with both charging a base fee for service attempts plus mileage and other expenses.

However, there can be a difference in the overall value provided. With a private process server, clients are typically paying for a higher level of customer service and attention. For example:

• Process servers can provide regular updates and proof of service without clients having to follow up
• Servers may be more willing to work around clients’ schedules and make attempts at specific requested times
• Experienced process servers can offer guidance on service strategy and best practices
• Process servers are motivated to achieve service quickly to maintain positive relationships with clients

So while a sheriff may be able to perform three service attempts for a similar base cost as a process server, those attempts may be more sporadic and lack the level of communication and problem-solving that a dedicated process server can provide. For many law firms and litigants, the improved customer service and efficiency is worth any potential difference in cost.

Success Rates and Outcomes

Ultimately, one of the most important factors in choosing between a sheriff and a process server is their likelihood of successfully serving the documents in a timely manner. Prompt and successful service is crucial to avoiding delays, ensuring due process, and allowing the case to move forward. Click here for information on How Timelines Are Important in Process Serving.

In many cases, process servers have a higher success rate than sheriffs. Since process servers are specialists in this area, they often have more experience and strategies for getting the job done. They may be more adept at tracking down hard-to-locate individuals through methods like:

• Conducting thorough background research and skip tracing
• Staking out multiple known addresses for the individual
• Using databases and public records to identify alternative addresses
• Contacting friends, family members or employers to ascertain whereabouts
• Collaborating with other process servers who may have encountered the individual before

Sheriffs simply do not have the time and resources to devote to tracking down evasive individuals to this degree. They will generally make a handful of attempts at known addresses, but if those are unsuccessful, they may return the documents to the court as undeliverable.

Process servers are also often able to achieve service more quickly than sheriffs. With their flexible schedules, process servers can start attempts immediately and make multiple tries in quick succession. In contrast, sheriffs may have a backlog of service requests and limited attempts per week or month they can devote to any one case. Click here for information on How Same-day and Rush Process Service Options Can Accelerate Your Case.

Choosing the Right Option

Deciding whether to use a sheriff or a process server depends on the specific needs and circumstances of the case. Factors to consider include:

• Specialization: For routine service on a local, easy-to-locate party, the sheriff may be sufficient. For more complex situations, a process server’s expertise may be preferable.
• Urgency: If service is needed as quickly as possible, a process server will likely be more effective than a sheriff with competing responsibilities.
• Evasion: If the individual is actively evading service, a process server will have more strategies and tenacity to get the documents delivered.
• Legal Authority: In rare cases where an individual must be compelled to accept service, a sheriff’s law enforcement authority may be necessary.
• Budget: While the cost difference may be negligible, firms on a tight budget may opt for whichever option is less expensive in their area.
• Service Level: Those who want the most attentive customer service and regular updates will likely prefer a process server.

Conclusion

Both Process Servers vs Sheriffs play important roles in ensuring that legal documents are properly delivered and that due process rights are protected. However, there are key differences between these two options in terms of specialization, legal authority, flexibility, knowledge, accountability, and success rates.

In most cases, a dedicated process server will offer greater expertise, speed, and attentiveness than a sheriff’s office that has many other law enforcement priorities. However, sheriffs do have an advantage in situations where an uncooperative individual must be compelled to accept service.

By weighing the unique needs of the case and the relative strengths of each option, law firms and litigants can make an informed choice between a process server and a sheriff to facilitate successful legal document delivery.

Written by: Undisputed Legal Inc.

Sources

1. In some jurisdictions, the undersheriff also serves as the jail’s superintendent.

2. ‘FAQ.’ FAQ | NATIONAL SHERIFFS’ ASSOCIATION, www.sheriffs.org/about-nsa/faq.. 

3. ‘Office of Sheriff.’ Office of Sheriff | NATIONAL SHERIFFS’ ASSOCIATION, www.sheriffs.org/about-nsa/history/roots. Accessed 25th Aug. 2023. 

4. 28 U.S. Code § 564 – Powers as sheriff

5. One United States Marshal serves each federal judicial district, for a total of 94.

6. The other is the Marshal of the United States Supreme Court, who is responsible for all court-related duties for the United States Supreme Court

7. When they are ‘clocked in’ to a sheriff’s duty, they can reach the target party at any time of day, rather than during specific time windows.