What is a process server?
Let’s review what a Process Server is as well as what their job duties are. They are a part of the legal industry and have a variety of tasks from document retrieval, serving legal documents, and filing court papers, with their primary job being serving legal documents to anyone that is in part of a court case.
Once the legal document they serve, a Process Server must show proof to the person or company that requested their service that the documents were served. This is done typically with process server forms, the affidavit of service that has been notarized. It is a legal requirement for Process Servers to follow the protocol of the state where they are employed. Sometimes a person or company may have Process Server or Sheriff serve documents.
How do I become a process server?
If you’re interested in becoming a Process Server in Oklahoma City, you must obtain an OKC license as a Process Server, if you meet the following requirements:
- Must be a minimum of 18 years of age.
- Must be of good moral character.
- Must be ethically and mentally fit to serve as an officer of the court.
- Must not have any felonies.
In addition to meeting those requirements, the following steps must be completed:
- Have two passport photos taken.
- Take the passport photos and appropriate fees to the office of the county court clerk.
- Once the process server license is completed, you will need to publish a formal notice of your intent to obtain a Process Server license for the state of Oklahoma. The prospective Process Server will be given a court date.
- You then will be required to obtain a $5,000 bond and submit a copy of that to the county court clerk before the court date.
- After the court date and the judge has signed off on the application, you can pick up your license at the county court clerk’s office.
Is being a process server dangerous?
Unfortunately, there have been instances of Process Servers being attacked, even killed, while serving court documents. People that are served papers are typically in a high-strung mode already, such as when a Process Server to serve divorce papers, it is an emotional time for most. Experienced Process Servers will tell you that while this can be a dangerous job, common sense can make it not as dangerous.
Can a process server follow you?
Process Servers have a protocol of what they can and cannot do in an attempt to serve papers. A list of what they cannot do is
- Go Through A Mailbox – it is against the law to open a mailbox that isn’t yours.
- Engage in Deception – They cannot mislead who they are or what their intentions are. They cannot pose as a member of law enforcement.
- Trespass – Process Servers are required to follow all laws, state and federal.
- Breaking and Entering – Process Servers cannot break the law in any fashion, including breaking and entering private property.
- Use Force – Process Server cannot force a person physically to accept the papers they are serving. However, you do not have to be handed the papers. A Process Server notice can be as simple as announcing who they are and what they are leaving. “Joe Green. You’ve been served sir.” and drop the papers at your feet.
Will a process server call you first?
They can and some will. Each Process Server has to follow protocol and stay within the laws, but they each have their own technique that works for them. Some Process Servers will call, introduce themselves and their purpose, then request a time to meet. Some of the ways a Process Server can serve papers legally are:
- Creativeness – They will stake out a residence, workplace or other places the person they are serving is known to go. If they are not harassing anyone, they are abiding with the law.
- Mail – If a Process Server cannot make contact, they can request permission from the judge to use a different service, such as mailing the papers after they have completed the necessary forms.
- Anyone Over 18 – Some states allow Process Servers to leave the documents with anyone over the age of 18.
How many attempts will a process server make?
Process Servers are out to meet people that typically don’t want to meet them. Therefore, those people they’re looking for will do what they can to avoid the meeting. Every person has a different routine, a different schedule. Some are the same day in, day out.
A Process Server gains the skills of trying different days, different times to make that connection needed. Every state has a minimum number of times required, most of which are three times minimum, very few have a maximum time set.
For anyone that is approached by a Process Server, keep in mind they have nothing personal against you. They are simply doing their job. Do you require a process servers help in Oklahoma City, OK? Call Recon Security today at (405) 510-0201!