What is a Process Server?

Author: Todd Christiansen | Category: Eviction Law

A process server is a neutral 3rd party that will “serve” your tenant the eviction notice.  “Serving” the paperwork is essentially handing the tenant or the tenant’s representative the paperwork.  It is a legal term defined “the act of delivering a writ or summons upon someone; as in ‘he accepted service of the subpoena’ (although the documents they are handing the tenant are not subpoenas)”.  The documents are simply when and where the tenant must appear in court to dispute the eviction case that you as the landlord brought before the court.

The process server can really be anyone, but that person must not be a party to the legal proceedings.  In other words, you can’t have a co-owner in the property or property manager serve the eviction notice.  Most landlords will simply have a service do it.  Typically this will cost about $50-$100.  Then it is done correctly, in a timely manner, and is easy to defend in court if the tenant argues they did not receive the notice (as the service will notarize their work).  Plus these are the same services that an eviction attorney would use so their name will probably be familiar to the judge in the case.  In some states, the Sheriff is the one that will serve the notice.  Hard to argue that they did it correctly!

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