The Importance of Due Process in the Legal System

One of the cornerstones of the U.S. legal system is the constitutional right to due process.

This ensures that individuals are notified of any legal actions against them, such as lawsuits, divorces, or evictions. By being informed, they can seek legal counsel and prepare a proper defense.

Legal documents can be served in three primary ways:

1. By a sheriff or constable
2. By a private process server
3. By certified mail

Why Would a Sheriff Serve Papers?

Historically, sheriffs were responsible for serving all legal paperwork. However, as populations increased and the demand for this service grew, delays became inevitable.

To address these challenges, the role of process servers was established, providing dedicated professionals to handle this critical task and uphold the principles of due process.

In many states, sheriffs still serve papers, typically for a fee of around $40. If you choose this option, here’s what to expect:

• You will file your complaint with the clerk of court at the district or circuit court.
• After paying the service fee, it’s your responsibility to ensure the papers are delivered.
• Once the sheriff serves the documents, they will send a “return of service” to the clerk as proof. You will need to follow up with the clerk to confirm completion.

While courts often promote using a sheriff, partly because it generates revenue for the county, hiring a private process server is usually more efficient.

 

Benefits of Hiring a Process Server

While sheriffs can still serve legal papers, relying on them may not be the most effective choice.

Sheriffs’ primary focus is law enforcement and public safety, leaving limited resources for process serving. In contrast, certified process servers specialize in this role and are better equipped to handle it quickly and effectively.

Here are some key advantages of hiring a process server:

1. Specialization and Expertise

Process servers undergo certification and training, giving them a deep understanding of local laws and regulations. They are held to higher standards of performance compared to sheriffs.

2. Advanced Tools and Techniques

Certified process servers use specialized tools, databases, and techniques to locate individuals, especially those attempting to evade service.

3. Experience and Efficiency

With years of experience, process servers can complete tasks faster and more effectively. Their expertise is particularly valuable when dealing with hard-to-find individuals.

Why Choose a Process Server Over a Sheriff?

While sheriffs and police officers can still serve papers, a certified process server is often the better choice. Their specialized skills, focus, and tools make them more efficient and reliable. Hiring a process server saves time, ensures proper delivery, and allows you to move forward with your case more quickly.