Frequently Asked Questions

Your Process Serving Questions Answered

Everything You Need to Know About Our Process Serving Solutions

Service of Process is a legal procedure that ensures all parties involved in a legal matter are properly notified. It involves delivering official court documents—such as summonses, complaints, subpoenas, or writs—to the individual the case is directed toward. These documents must be delivered by someone who is not involved in the case, often a professional process server.

In the past, law enforcement handled most process serving. Today, most states allow any U.S. citizen over the age of 18 who is not involved in the case to serve papers. However, some states require servers to be licensed, registered, or bonded.

A process server delivers legal documents to the appropriate individual as required by law. Depending on local rules, this may include personal delivery or substituted service. After successful delivery, the process server provides a Proof of Service or Affidavit of Service, which is an official declaration of how, when, and where the documents were served.

Many process servers also offer additional services, such as:

  • Filing court documents
  • Retrieving legal paperwork
  • Investigative services (e.g., skip tracing or surveillance)

Yes. Many professional process servers offer document filing services, including eFiling (electronic filing). Note that this service often carries an additional fee, so be sure to confirm pricing beforehand.

While not all states mandate a license for process servers, certain states do require registration, certification, or appointment to legally serve papers. Additionally, extensive legal knowledge is necessary to ensure that the papers are properly served and admissible in court.

States that require licensing include:

Alaska, Arizona, California, Florida, Georgia, Illinois, Montana, Nevada, Oklahoma

Always check your local requirements to ensure compliance.

A Proof of Service, also known as an Affidavit of Service, is a signed document provided by the process server confirming that service has been completed. It includes important details such as the date, time, method, and location of delivery.

Other affidavits may also be issued—such as an Affidavit of Due Diligence, which documents the server’s attempts when the recipient cannot be found.

You may not serve papers if you are a party to the case. In some jurisdictions, individuals who are not involved in the case and are over the age of 18 may legally serve documents. However, certain states require process servers to be registered or licensed. Always verify your state’s laws before proceeding.

Process serving fees can vary depending on urgency, location, and other factors. On average, the cost ranges from $50 to $175 for standard service which typically occurs within 3-5 days, while rush or same-day service can cost more.

Other potential fees:

  • Mileage charges
  • Skip tracing (for hard-to-locate individuals)
  • Holiday or after-hours service

Yes—especially if your state requires it. Even if it’s not legally required, hiring a professional ensures your documents are served accurately, efficiently, and in compliance with local laws. Odys has the legal requirements and can help avoid issues that could delay your case.

It is advisable to employ a professional process server with a reputable network. This guarantees that the server is well-versed in local and state laws, thereby minimizing complications and unsuccessful service attempts.

Standard service typically takes 5–7 days. However, Odys offers different levels of service speed:

Routine Service: First attempt within 3-5 days

Rush Service: First attempt within 1-2days

Same-Day Service: Attempted on the same day the papers are received

Depending on your state, service by mail may be permitted—often by certified mail, which provides delivery confirmation. In cases where a defendant is unreachable, a judge may authorize this method as an acceptable alternative.

Laws differ by state, but in general, a defendant can be served at home, work, or in public. Some states restrict service on Sundays, holidays, or when the individual is en route to court. Consult your professional process server for guidance.

If the recipient cannot be found, the court may allow service by:

  1. Publication in a local newspaper
  2. Substituted service (serving someone else at the home or workplace)
  3. Electronic service (e-service), with a judge’s approval

Before these options are allowed, you typically must demonstrate due diligence—proof that reasonable efforts were made to locate the individual.

Refusal to accept documents does not prevent legal service. If the individual acknowledges their identity, the server can leave the papers near them or even touch them with the documents (depending on state law). This still counts as valid service in many jurisdictions.

Yes, in most cases. However, check whether your documents require original hard copies. If not, emailing or faxing the documents is usually acceptable and helps speed up the process.

Skip tracing is the process of locating individuals who are difficult to find. The term "skip" comes from the phrase "to skip town," referring to someone who has intentionally gone off the radar, while "tracing" refers to the act of tracking them down.

 

Skip tracing is often necessary in legal situations, especially when someone is avoiding service or resides in an unknown or remote location. Professional process servers frequently use skip tracing tools and techniques to locate and serve elusive individuals.

Skip tracing is essential when someone is intentionally avoiding service or when their current whereabouts are unknown. A person might change jobs, move without leaving a forwarding address, or otherwise try to remain hidden. If you need to serve legal documents and don’t have accurate contact information, skip tracing can help locate the individual so legal proceedings can move forward.

Effective skip tracing involves a mix of investigative techniques. Process servers and skip tracers may:

  1. Conduct interviews with known associates
  2. Use surveillance tactics when necessary
  3. Search though public records and databases
  4. Leverage advanced, subscription-based databases not accessible to the public
  5. Analyze online activity and social media

These strategies help uncover current addresses, contact details, and other information needed to locate the individual.

The timeline varies based on the complexity of the case. Some skip traces can be completed within 24 to 48 hours, while others may take a week or more. The more hidden or evasive the subject, the more time it may take to track them down.

Yes, skip tracing is legal in the United States when performed within the boundaries of the law. Tracers must not misrepresent themselves or access private or protected information unlawfully. Ethical and legal methods must always be used, and local or state laws may apply depending on the jurisdiction.

Skip tracing fees can range from $20 to $350 or more, depending on the complexity of the case and the resources required. Pricing may vary based on how much time and effort is needed to locate the individual. It's always best to request a quote directly from Ody’s or skip tracing provider to understand your specific costs.

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Our process server network spans coast to coast, delivering fast, reliable, and legally compliant service of process in all 50 states. Whether you need documents served in a major metropolitan area or a remote rural county, our team is equipped to handle it with precision and professionalism. We understand the urgency and legal importance of each serve, which is why we’ve built a nationwide system to ensure consistent communication, local expertise, and timely delivery—no matter where your case takes us.