Requirements to Become a Process Server in Alabama There are currently no licensing or registration requirements for process servers in the state of Alabama As an alternative to delivery by the sheriff, process issuing from any court governed by these rules may be delivered by the clerk to any person not less than eighteen (18) years of age, who is not a party and who has been designated by order of the court to make service of process. Although not required by the state, it is recommended that if you serve process professionally you become bonded and/or insured. Requirements to Become a Process Server in Alaska Process servers must be licensed by the Alaska Commissioner of Public Safety. A surety bond of $15,000 must be posted by each process server. The bond applies principally to theft that may arise out of levies and executions. In order to receive a process server\u2019s license, all applicants must pass a written examination. Alaska Department of Public Safety contact information: Commissioners Office (907) 465-4322 (907) 465-4362 (fax) http://www.dps.state.ak.us/ 450 Whittier Street PO Box 111200 Juneau, Alaska 99811-1200 Requirements to Become a Process Server in Arizona Arizona has state wide registration of process servers in compliance with procedures set forth by the Arizona Supreme Court. Process servers are licensed by the Arizona Commissioner of Public Safety. You may contact The State of Arizona Department of Public Safety via phone at (602) 223-2000 or e-mail licensing@azdps.gov. A $15,000 surety bond is required to be posted by each process server. The bond applies primarily to theft that may arise out of levies and executions. Applicants must pass a written examination. A private process server or specially appointed person shall be not less than twenty-one (21) years of age and shall not be a party, an attorney, or the employee of an attorney in the action whose process is being served. Page 1
Requirements to Become a Process Server in Arkansas Process servers in the state of Arkansas are not required to be licensed. Any adult over eighteen (18) years of age, that is not a party to the case, or a member of a corporation or organization that is a party, may serve or deliver the papers. Requirements to Become a Process Server in California Please see California Business and Professions Code \u00a722350 and \u00a722353 for more information. If an individual serves more than 10 papers a year they are required to be registered in the county they serve in. Registration is statewide and applicants must be a resident of the State of California for one year immediately preceding filing. There is no testing, or education required. Every applicant is required to post a $2,000 bond or cash deposit. Licensed private investigators are exempt from the registration requirement, but are likely not permitted to serve bank levies and similar documents without being registered per the statutory language requiring that a registered process server serve those documents. The following steps are required for the registration process in California: COMPLETE A REGISTRATION FORM. Obtain from the County Clerk/Recorder\u2019s Office a process server\u2019s registration form. Complete, but do not sign the form until you are in the presence of the Clerk. GET FINGERPRINTED. Fingerprints are required in order to become a registered process server. The purpose of the fingerprinting process is verification that an applicant has not been convicted of a felony. In the case that a registrant is convicted of a felony, the presiding superior court judge in the county of registration will review the criminal file. If there is not certificate of rehabilitation, expungement or pardon, the registration is revoked. There are two forms of fingerprints. Check with the Clerk/Recorder in your County to verify which method is acceptable. In some counties, either is acceptable. FD-285 Fingerprint Cards: Two fingerprint cards are required, as one will be submitted to the Department of Justice (DOJ) and the other will be submitted Page 2
to the FBI. Typically, you will be fingerprinted at your local police or sheriff\u2019s department. You may need an appointment, so call ahead. Be prepared to show valid photo ID. The fee for fingerprinting is nominal. However, please be advised that at the time you register and deliver your cards to the Clerk/Recorder\u2019s Office, you will need to pay background service fees for the DOJ and FBI of $56.00. This differs from the Livescan process (below) where those fees are paid at the time of the fingerprinting. Livescan: This second method of fingerprinting has become the more popular of the two methods. In some counties, Livescan may be the only acceptable method. Check with your Clerk/Recorder\u2019s Office for details. You will need to complete a Request For Livescan form. As with the FD-285 cards, Livescans are typically completed by local law enforcement agencies. You may need an appointment, so call ahead. Be prepared to show valid photo ID Once the fingerprints are taken, the print and background information provided in the Request form are electronically transmitted to the DOJ and FBI for the background check. You will not carry fingerprint cards to the Clerk/Recorder as with FD-285 cards. Alternatively, you will bring with you a copy of the completed Request For Livescan form that has been signed off by the law enforcement personnel who administered the Livescan. Please also note that the fee for a Livescan includes the law enforcement agency\u2019s fingerprint fee, as well as $56.00 to the DOJ and FBI. The total is approximately $75.00. OBTAIN A BOND. A $2,000 bond is required in order to register as a process server. You must contact an insurance or surety company in order to obtain a bond. The bond must be valid for the two-year term of the registration. The effective date of the bond and the date of the term of the registration must match, so plan ahead, particularly since fingerprinting appointments might be booked weeks in advance. You should expect to pay approximately $50.00 for a $2,000 bond. Do not confuse a surety bond with an errors and omissions policy. Consult your insurance company for a detailed explanation. You may contact any bonding or insurance company. PHOTOGRAPHS. You will need to obtain two passport photos (1\u201d x 1\u201d). FEES. The base fee to register as a process server is $134.00. Some counties may charge more. You will also be charged a recording fee for the Bond of approximately $3.00. If you opted for FD-285 Fingerprint cards, be prepared to pay the DOJ and FBI fees of $56.00 at this time. Once you have completed steps 1 through 5, you are ready to appear before the county clerk to deliver the registration form; the FD-285 Fingerprint cards or Livescan form signed off by law enforcement. You will need to bring your Bond, the two passport photos, and appropriate fees. Be prepared to show valid photo ID. As mentioned above, each county in California may have specific rules, forms & fees. The foregoing is intended as a general summary for your assistance only. Page 3
You may also wish to purchase helpful guides and manuals to assist you in your daily operations. Please see the CAPPS sales order form for further explanations and details regarding these informative items. Requirements to Become a Process Server in Colorado Process servers in the state of Colorado are not required to be licensed. Process may be served inside or outside this state by the sheriff of the county where the service is made, or by a deputy, or by any other person over the age of eighteen (18) years, not a party to the action. Requirements to Become a Process Server in Connecticut All process shall be directed to a sheriff, his deputy, a constable or other proper officer authorized by statute. A direction on the process to any proper officer shall be sufficient to direct the process to a sheriff, deputy sheriff, constable or other proper officer. Requirements to Become a Process Server in Delaware Process servers in the state of Delaware are not required to be licensed. Service of all process may be made by the Sheriff or by any person who is not a party and is not less than eighteen (18) years of age. Page 4
Requirements to Become a Process Server in Florida Be at least 18 years of age. Have no mental or legal disability. Be a permanent resident of the state. Submit to a background investigation that includes the right to obtain and review the criminal record of the applicant. Obtain and file with the application a certificate of good conduct that specifies there is no pending criminal case against the applicant and that there is no record of any felony conviction, nor a record of a misdemeanor involving moral turpitude or dishonesty, with respect to the applicant within the past 5 years. Submit to an examination testing the applicant s knowledge of the laws and rules regarding the service of process. The content of the examination and the passing grade thereon, and the frequency and the location at which the examination is offered must be prescribed by the sheriff. The examination must be offered at least once annually. Take an oath that the applicant will honestly, diligently, and faithfully exercise the duties of a special process server. Requirements to Become a Process Server in Georgia Process servers in the state of Georgia are not required to be licensed. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than eighteen (18) years of age and has been appointed as a permanent process server by the court in which the action is brought. Requirements to Become a Process Server in Hawaii Process servers in the state of Hawaii are not required to be licensed. Any adult over eighteen (18) years of age, that is not a party to the case, or a member of a corporation or organization that is a party, may serve (deliver) the papers. Page 5
Requirements to Become a Process Server in Idaho Process servers in the state of Idaho are not required to be licensed. A Subpoena may be served by an officer authorized by law to serve process or by any other person who is not a party and is not less than eighteen (18) years of age. Requirements to Become a Process Server in Illinois There is no statewide licensing law in Illinois; however, a person licensed in Illinois as a \u201cprivate detective\u201d may serve original process in all counties except for Cook County without special appointment. In order for PIs to serve in Cook County, the court upon motion and in its discretion, may appoint a \u201cprivate detective agency\u201d as a special process server in lieu of an individual. It is not necessary that service be made only by a sheriff or PI. Private persons over the age of eighteen (18), upon motion, may be appointed by the court to serve original process. Requirements to Become a Process Server in Indiana Process servers in the state of Indiana are not required to be licensed. Anyone over the age of eighteen (18) years old and is not a party to the case, is legally able to serve papers in the state of Indiana. The person seeking service or his attorney may designate the manner of service upon the summons. If not so designated, the county clerk shall cause service to be made by mail or other public means provided the mailing address of the person to be served is indicated in the summons or can be determined. Requirements to Become a Process Server in Iowa Process servers in the state of Iowa are not required to be licensed. Original notices may be served by any person who is neither a party nor the attorney for a party to the action. Page 6
Requirements to Become a Process Server in Kansas Process servers in the state of Kansas are not required to be licensed. Service, levy and execution of all process under this subsection, including, but not limited to, writs of execution, orders of attachment, replevin orders, orders for delivery, writs of restitution and writs of assistance, shall be made by a sheriff within the sheriff s county, by the sheriff s deputy, by an attorney admitted to the practice of law before the supreme court of Kansas or by some person appointed as a process server by a judge or clerk of the district court, except that a subpoena may also be served by any other person who is not a party and is not less than 18 years of age. Requirements to Become a Process Server in Kentucky Process servers in the state of Kentucky are not required to be licensed. Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and of the complaint (or other initiating document) by a person over 18 years of age. Rule 4.01. Summons Issuance By whom served Requirements to Become a Process Server in Louisiana Process servers in the state of Louisiana are not required to be licensed. Anyone over the age of eighteen (18) years old and is not a party to the case, is legally able to serve papers in Louisiana. Requirements to Become a Process Server in Maine Process servers in the state of Maine are not required to be licensed. Anyone over the age of eighteen (18) years old and is not a party to the case, is legally able to serve papers in the state of Maine. Requirements to Become a Process Server in Maryland Process servers in the state of Maryland are not required to be licensed. Service of process may be made by a sheriff or by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action. Page 7
Requirements to Become a Process Server in Massachusetts Service of all process may be made by the Sheriff, or by his deputy, or by a special sheriff; by any other person duly authorized by law; by some person specially appointed by the court for that purpose; or in the case of service of process outside the Commonwealth, by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is to be made, or who is designated by a court of this Commonwealth. Requirements to Become a Process Server in Michigan Process servers in the state of Michigan are not required to be licensed. Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party. Requirements to Become a Process Server in Michigan Process servers in the state of Michigan are not required to be licensed. Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party. Requirements to Become a Process Server in Minnesota Process servers in the state of Minnesota are not required to be licensed. Unless otherwise ordered by the court, the sheriff or any other person not less than 18 years of age and not a party to the action, may make service of a summons or other process. Requirements to Become a Process Server in Mississippi Process servers in the state of Mississippi are not required to be licensed. A summons and complaint shall be served by any person who is not a party and is not less than 18 years of age. Page 8
Requirements to Become a Process Server in Missouri Outside of the City of St Louis, any adult over eighteen (18) years of age, that is not a party to the case, or a member of a corporation or organization that is a party, may serve papers in Missouri. The City of St Louis Missouri requires that all individuals looking to become a process server must take and pass a training course. The course consists of five (5) nights in the classroom for instruction with a written examination. The course will be administered by the Sheriff of the City of St Louis. Applicants must be twenty-one (21) years of age, have a high school diploma or GED and no criminal record. All process servers are required to have E&O (errors and omissions insurance) coverage with limits of at least $100,000. Requirements to Become a Process Server in Montana Service of all process shall be madein the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 not a party to the action. All individuals who do more than 10 services of process in a calendar year must obtain a registration certificate enabling them to process serve. This certificate also enables process servers to act as a levying officer. Registration requires a surety bond of $10,000 per individual and $100,000 for each firm. Process servers cannot levy on an amount in excess of their bond. Applicants must also pass a written examination based on the Handbook for Process Servers, which is published by the Montana Department of Commerce. Page 9
Requirements to Become a Process Server in Nebraska In any county which does not have a person contracted as a constable pursuant to section 25-2229, any person twenty-one (21) years of age or older or a corporation, partnership, or limited liability company that satisfies the requirements of the subsection below this section shall have the same power as a sheriff to execute any service of process or order. Any person or entity may exercise the powers provided in the subsection above this section if such person or entity: is not a party to the action, b) is not related to a party to the action, c) does not have an interest in the action, d) is not a public official employed by the county where service is made whose duties include service of process, and e) furnishes a good and sufficient corporate surety bond in the sum of fifteen thousand dollars, such bond being conditioned upon such person or entity faithfully and truly performing the duties of process server. Requirements to Become a Process Server in Nevada In order to serve process in the state of Nevada, an individual must first apply for licensing through the state. Applicant must have two years experience in the area of serving process and pass a State Board examination. Applicant must obtain liability insurance with limits in amounts of not less than $200,000.00. Background Investigation Deposit: $750.00 for the first category of license and $250.00 for each additional category of license for which application is made, which must be applied to the cost of conducting the investigation. There is a ceiling price of $1,500.00 for the first category of license and $500.00 for each additional category of license for which application is made on an individual applicant. The same applies for corporate applicants except there is no ceiling price on the investigation. Fees: o Application $ 50.00 CASHIER S CHECK OR MONEY ORDER ONLY we do not accept personal or business checks o Examination $100.00 non refundable o Abeyance Fee $ 100.00 per license per year o Initial licensing $500.00 pro rated o Annual license renewal $500.00 per license NOTE: Licensing fees are for fiscal year beginning July 1, and are prorated by month if received after that date. Exam Dates: Quarterly Address to apply for licensing: Office of the Attorney General Private Investigator s Licensing Board 3476 EXECUTIVE POINTE WAY, SUITE 14 CARSON CITY NV 89706 (775) 687-3223 Page 10
Requirements to Become a Process Server in New Hampshire Process servers in the state of New Hampshire are not required to be licensed. Anyone over the age of eighteen (18) years old, who is not a party to the case, is legally able to serve papers in the state of New Hampshire. Requirements to Become a Process Server in New Jersey Process servers in the state of New Jersey are not required to be licensed. Summonses shall be served together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff s attorney or the attorney s agent, or by any other competent adult not having a direct interest in the litigation. Requirements to Become a Process Server in New Mexico Process servers in the state of New Mexico are not required to be licensed. In civil actions any process may be served by the sheriff of the county where the defendant may be found, or by any other person who is over the age of eighteen (18) years and not a party to the action, except for writs of attachment, writs of replevin, and writs of habeas corpus, which shall be served by any person not a party to the action over the age of eighteen (18) years who may be especially designated by the court to perform such service, or by the sheriff of the county where the property or person may be found. Requirements to Become a Process Server in New York There is not a statewide license, but there are local process serving requirements. The City of New York requires that all individuals looking to serve the five (5) boroughs area (Manhattan, Brooklyn, Bronx, Staten Island, and Queens) must be licensed through the New York City Department of Consumer Affairs. There is no requirement for insurance or bonding, and no educational requirement or testing to become a process server in New York Page 11
Requirements to Become a Process Server in North Carolina Process servers in the state of North Carolina are not required to be licensed. Upon the filing of the complaint, summons shall be issued forthwith and in any event within five days. The complaint and summons shall be delivered to some proper person for service. In North Carolina, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons. Outside this State, such proper person shall be anyone who is not a party and is not less than twenty-one (21) years of age or anyone duly authorized to serve summons by the law of the place where service is to be made. Requirements to Become a Process Server in North Dakota Process servers in the state of North Dakota are not required to be licensed. Service of all process may be made: within the state by any person of legal age not a party to nor interested in the action of the case; and outside the state by any person who may make service under the law of this state or under the law of the place in which service is made or who is designated by a court of this state. Requirements to Become a Process Server in Ohio Process servers in the state of Ohio are not required to be licensed. Anyone over the age of eighteen (18) years old, who is not a party to the case, is legally able to serve papers in the state of Ohio. Requirements to Become a Process Server in Oklahoma Oklahoma process servers are required to be licensed. Once licensed, a bond must be executed in the State of Oklahoma in the amount of $5,000. All applicants are also subject to a fee of $35 and be licensed to serve process in the county in which the license is issued. The other option for applicants could be a fee of $150 statewide licensing. The license states that process servers are officers of the court only for the service of process. No testing or education required. Page 12
Requirements to Become a Process Server in Oregon Process servers in the state of Oregon are not required to be licensed. Any person over the age of eighteen (18) and not a party to the case may serve process in Oregon. State law requires that any person who serves a Writ of Garnishment must have E&O (errors and omissions insurance) coverage with minimum limits of $100,000. Requirements to Become a Process Server in Pennsylvania Process servers in the state of Pennsylvania are not required to be licensed. In addition to service by the sheriff, original process may be served also by a competent adult in the following actions: equity, partition, prevent waste and declaratory judgment when declaratory relief is the only relief sought. Requirements to Become a Process Server in Rhode Island Process servers in the state of Rhode Island are not required to be licensed. Service of all process shall be made by a sheriff or the sheriff s deputy, within the sheriff s county, by a duly authorized constable, or by any person who is not a party and who is at least eighteen (18) years of age. Requirements to Become a Process Server in South Carolina Process servers in the state of South Carolina are not required to be licensed. Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action. Service of all other process shall be made by the sheriff or his deputy or any other duly constituted law enforcement officer or by any person designated by the court who is not less than eighteen (18) years of age and not an attorney in or a party to the action, except that a subpoena may be served as provided in Rule 45. (Amended effective May 1, 1986) Page 13
Requirements to Become a Process Server in South Dakota Process servers in the state of South Dakota are not required to be licensed. Anyone over the age of eighteen (18) years old, who is not a party to the case, is legally able to serve papers in the state of South Dakota. The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of any state. If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action who at the time of making such service is an elector of any state. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff s attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff s attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly. Requirements to Become a Process Server in Tennessee Process servers in the state of Tennessee are not required to be licensed. A summons and complaint may be served by any person who is not a party and is not less than eighteen (18) years of age. The process server must be identified by name and address on the return. Requirements to Become a Process Server in Texas The Texas Supreme Court approved amendments to Rules 103 and 536(a) of the Texas Rules of Civil Procedure, effective July 1, 2005, governing statewide certification of process servers. The Court also issued a companion order to establish the framework for certification of those approved to serve process under the revised rules, to approve of certain existing civil process service courses, and to establish the framework for the Board to approve additional courses. The Court also approved a companion order that establishes the membership of the Process Server Review Board, and an order appointing Mr. Carl Weeks as Chair. Page 14
Requirements to Become a Process Server in Utah Process servers in the state of Utah are not required to be licensed. The summons and complaint may be served in Utah or any other state or territory of the United States, by the sheriff or constable, or by the deputy of either, by a United States Marshal or by the marshal s deputy, or by any other person eighteen (18) years of age or older at the time of service, and not a party to the action or a party s attorney. Requirements to Become a Process Server in Vermont Vermont process servers must be authorized by the county court in which he or she is serving. Anyone over the age of eighteen (18) years old, who is not a party to the case, is legally able to serve papers in the state of Vermont. Service of all process shall be made by a sheriff or deputy sheriff, by a constable or other person authorized by law, or by some indifferent person specially appointed for that purpose by any superior judge, or a judge of the court to which it is returnable, or a notice and request sent pursuant to subdivision (l), of this rule may be deposited in the mail by plaintiff or plaintiff s attorney and a subpoena. Special appointments to serve process shall be made freely when substantial savings in travel fees will result. Requirements to Become a Process Server in Virginia Process servers in the state of Virginia are not required to be licensed. Any person of age eighteen (18) years or older and who is not a party or otherwise interested in the subject matter in controversy is legally eligible to serve papers in Virginia. Requirements to Become a Process Server in Washington In order to serve process in the state of Washington, an individual is required to register with the auditor of the county in which the process server resides or operates his or her principal place of business and pay a $10 fee. No testing and no requirement for insurance or bonding. Page 15
Requirements to Become a Process Server in Washington DC Process servers in Washington, District of Columbia are not required to be licensed. Anyone over the age of eighteen (18) years old, who is not a party to the case, is legally able to serve papers in Washington, DC. Requirements to Become a Process Server in West Virginia Process servers in the state of West Virginia must be authorized by the county court in which he or she is serving. Service may be performed by any person who is not a party to the case, does not have a vested interest in the outcome, and also must be at least eighteen (18) years of age. Requirements to Become a Process Server in Wisconsin Wisconsin process servers must be authorized by the county court in which he or she is serving. An authenticated copy of the summons may be served by any adult resident of the state where service is made who is not a party to the action. Service shall be made with reasonable diligence. Requirements to Become a Process Server in Wyoming Process servers in the state of Wyoming must be authorized by the county court in which he or she is serving papers in. Process may be served within the state of Wyoming by the sheriff of the county where the service is made, or by the under sheriff or deputy, or, at the request of the party causing same to be issued, by any other person of the age of majority, not a party to the action, appointed for such purpose by the clerk. Page 16