In Connecticut, state statutes as a general rule prescribe civil service of process to state marshals, constables, Process Servers or “other proper officer[s] authorized by statute.” Conn. Gen. Stat. § 52-50(a).
A State Marshal Commission is established by state statute. Conn. Gen. Stat. § 6-38b. State law mandates that the State Marshal Commission “establish professional standards, including training requirements and minimum fees for execution and service of process.” § 6-38b(f). State regulations detail the qualifications of state marshals, Conn. Agencies Regs. § 6-38b-1, the application process, § 6-38b-2, the examination they must take, § 6-38b-3, and, training that they must attend. § 6-38b-4. The regulations also contain “standards of conduct” for state marshals. § 6-38b-6.
Colorado does not have any education or registration requirements for private process servers. Colorado Rule of Civil Procedure 4(d) provides as follows:
(d) By Whom Served. Process may be served within the United States or its Territories by any person whose age is eighteen years or older, not a party to the action. Process served in a foreign country shall be according to any internationally agreed means reasonably calculated to give notice, the law of the foreign country, or as directed by the foreign authority or the court if not otherwise prohibited by international agreement.
Alaska has extensive regulation of private process servers. Private process servers are licensed by the Alaska State Department of Public Safety . See e.g., Alaska R. Civ. P.(c); 13 Alaska Admin. Code § 67.010. The Department has issued detailed regulations, which include an examination. 13 Alaska Admin. Code § 67.100.
The Department requires a passing grade of at least 80%. The test contains 50 questions, 25 multiple choice and 25 True or False. The Department makes available a study guide, which we requested but never received.
Alaska regulations also govern qualifications of process servers, 13 Alaska Admin. Code § 67.020; set out standards of professional conduct, § 67.180; impose bond requirements on process servers and process service firms, § 67.920; and require publication of process server fees and that such fees be “reasonable,” 67.220.
If you have ever been involved with a legal matter, chances are that you have dealt with a process server. The role of a process server is simple: he or she delivers court summons to those who are party to a legal proceeding. However, the job is rarely as easy as it sounds. Here is what is truly involved in process serving. Continue reading
Verify the process server’s license or registration and association membership. Though not all states require process servers to be licensed, it’s important to check.
Ask the process server if they have an Errors and Omissions (E&O) policy or bond.
Check the process server’s website for more insight on the company.
Complete an Internet search for the company’s name and ‘complaints’. This will help you establish if they have any unsatisfied clients and if so, what they’ve done to fix their mistakes.
Ask about their experience, how long they have been in business, whether or not they have an area of expertise and their service history. Keep in mind that a 100% success rate is not realistic.
Ask for recommendations and testimonials. These will give you insight on the process server’s customer service style and whether or not they have happy customers.
Consider the fees and ask about additional costs for multiple attempts and mileage. Remember that you get what you pay for, and standard cost for a non-rush is fairly inexpensive when you consider what is being performed.
Once you’ve hired the process server, make sure you give specific service instructions, including the who, what and where of the serve. Explain your preferred method of receiving updates, your deadline and any other relevant information.
It’s always a good idea to verify the details and get them in writing. Outline the service fee, additional fees, number of attempts, court filing, deadlines and other information and confirm with an email.
Don’t send the process server the only copy of your documents, as it’s important for you to maintain your own records
For more information on process servers visit www.undisputedlegal.com or call 1.800.774.6922. Open Monday-Friday 8am.-8pm. “When your want it done right the first time” contact undisputed legal.com #processserver