What Should I Look for in a National Process Serving Company

Some of the country’s highest-volume civil dockets see more than half of defendants fail to appear when their case is called. One driver of that statistic, according to the National Center for State Courts, is a lack of proper process service.¹

With court backlogs and the high costs of delay and re-serving, this means that knowing what to look for in a process serving company can significantly impact your firm’s legal outcomes.

Key Takeaways

• Look for nationwide reach paired with local jurisdictional knowledge
• Confirm experience across respondent types and service methods, including hard-to-find defendants
• Prioritize tech that gives real-time tracking and digital proof of service
• Check for licensing and jurisdiction-specific compliance
• Get clear pricing on flat fees, rush service, mileage, and skip tracing
• Improper service drives real failure-to-appear rates — provider quality is a legal risk, not just admin

Nationwide Coverage Without Sacrificing Local Expertise

The process of service is a formal step in the broader legal process, and the legal system governs it —often in great detail — through jurisdictional rules meant to protect each party’s due process rights. Understanding multiple levels of governance and policy across state and county lines is essential for a comprehensive process service provider. 

For instance, a professional process server with deep expertise will be able to trace and serve difficult-to-find individuals, keep an eye on emerging service methods, and know the fine details of how Rule 4 of the Federal Rules of Civil Procedure permits electronic service in some states but not others.²

Experience with Different Types of Service

Your service provider should have worked with different respondent types, delivery methods, and difficulty levels. This includes tracking down: 

• Individuals and their acceptable household members and authorized agents 
• Government agencies’ locally authorized representatives
• Businesses’ registered agents
• Difficult-to-serve defendants

Depending on the respondent and jurisdiction, a process server may need to serve papers in more than one way, so they will also be familiar with service methods and when and how each can be used within a given jurisdiction. Those methods include: 

• Personal service or substituted service delivery by hand
• Certified or registered mail delivery with a signed return receipt
• Waiver service using a signed receipt for willing respondents
• Standard postal mail
• Electronic service 
• Service by publication for respondents who are dodging or evading service

Technology That Improves Visibility

Technology tools and platforms provide transparency, immediacy, and trackability for process service workflows and specific orders. Ask a potential process serving company to give you a tour of their technology use and cybersecurity protocols.

Online Order Tracking

Centralizing orders and communications within a cloud-based system allows everyone involved to submit, update, and view information on active service orders. 

Realtime Status Updates

GPS technology and multi-device portal or platform access mean you can have realtime tracking of what’s going on and where. Rather than being sent a report after the fact, technology tools let you know the exact status of a service and respond as soon as a decision or input is needed from your team.

Digital Proof of Service

Documentation is key to proving that legal documents were properly served, and technology has multiplied the ease and the authentication factors built into process service workflows. Proof of service is supported with: 

• Electronic signatures
• Digital photos
• GPS-tagging 
• Time-stamping 
• Metadata that traces or rules out any sign of tampering or interference

Compliance with State and Local Rules

The ability to serve in multiple jurisdictions means understanding their subtle variances and the precision required to follow the right set of rules in each one.

• Licensed servers – While most jurisdictions don’t require licensing, some states, cities, and counties require a license or appointment in order to serve legal documents
  
• Jurisdiction knowledge – Compliance relies on familiarity with and access to current rules for each jurisdiction, including service limits, court permissions, and approved methodologies
  
• Court requirements – How late at night can you serve, what types of buildings are out of bounds, and what requirements must be fulfilled before you can advance to alternative or substituted service? Your provider must follow all guidelines to provide proper service

Customer Service and Communication

Process serving technology isn’t the only factor in ensuring you have optimal service and information when you need it. Discuss the human touch, including: 

• Dedicated support contacts
• Speed of response times
• Escalation process

Pricing Transparency

Comparing vendors can be difficult when they don’t use a transparent pricing structure or language. Make sure you understand exactly what’s covered under each fee and what may lead to higher billing. Ask about: 

• Flat fees
• Rush services
• Mileage
• Skip tracing

Why Law Firms Choose U.S. Legal Support

Rather than a solo server, partnering with an established litigation support provider can offer you additional risk protection and a range of services. 

U.S. Legal Support brings deep experience, a proven track record, and coverage in all 50 states to our clients. We offer scalable solutions for complex and time-sensitive legal cases, including process serving for small firms, with seamless integration into broader litigation support services. 

Learn more about our process of service and litigation support services today.

FAQ

What makes a good process serving partner?

Look for a process server or vendor with a broad range of experience operating across jurisdictions nationwide, with the ability to adapt to differing process service guidelines when cases cross state or other jurisdictional borders. They should be able to operate in states that require licensing, track and trace hard-to-serve targets, and leverage technology to provide real-time transparency and exhaustive proof of service. 

How important is online tracking?

Online tracking is critical for staying up to date on your open service orders and ensuring secure delivery and storage of court documents and service results. It increases efficiency, provides transparency, and minimizes delays, so include it in your list of what to look for in a process serving company. 

Sources: 

1. National Center for State Courts. Missing In Actions: How low appearance rates impact courts. https://www.ncsc.org/sites/default/files/media/document/Missing_In_Actions.pdf
2. Digital Commons at St. Mary’s University. Rethinking the Process of Service of Process. https://commons.stmarytx.edu/thestmaryslawjournal/vol53/iss1/6

Julie Shepherd

Julie Shepherd is the Senior Vice President of Marketing & Sales Operations at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Julie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.