Process Server Laws

Yes.

Alaska Process Server Licensing Requirements

Process servers must be licensed by the 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’s license, all applicants must pass a written examination. [Alaska Administrative Code, Title 13, section 067.5 thru 067.100] More information below under 067.30. Process Server Application and Supporting Documents heading in the Other Applicable Information about Service of Process in Alaska section.

Visit Mighty Process Server's Become a Process Server page for more information About What it takes to start a new Process Serving Company in the State of Alaska.

Yes. .

Arizona has statewide registration of process servers in compliance with procedures set forth by the Arizona Supreme Court. 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.

Visit Mighty Process Server's Become a Process Server page for more information About What it takes to start a new Process Serving Company in the State of Arizona.

Sometimes... It Varies by county.

In California, Process Servers are registered and bonded, not licensed. 

California Process Server Licensing Requirements

If an individual serves more than 10 papers a year they are required to be registered in the county which they reside or have their principal place of business. 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 serves those documents. [California Business and Professions Code §22350 and §22353]

Visit Mighty Process Server's Become a Process Server page for more information About What it takes to start a new Process Serving Company in the State of California.

No.

Colorado Process Server Licensing Requirements

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 years, not a party to the action.

Visit Mighty Process Server's Become a Process Server page for more information About What it takes to start a new Process Serving Company in the State of Colorado.

DID YOU KNOW?

If a person to be served refuses to accept a copy of the process, service shall be sufficient if the person serving the process knows or has reason to identify the person who refuses to be served, identifies the documents being served and offers to deliver a copy of the documents to the person who refuses to be served.

No.

Connecticut Process Server Licensing Requirements

All process shall be directed to a sheriff, his deputy, a constable or other proper officer authorized by statute, or, subject to the provisions of subsection (b) of this section, to an indifferent person. 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.

Visit Mighty Process Server's Become a Process Server page for more information About What it takes to start a new Process Serving Company in the State of Connecticut.

No.

Delaware Process Server Licensing Requirements

Service of all process may be made by the Sheriff or by any person who is not a party and is not less than 18 years of age.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Delaware.

Process servers in Florida must be appointed by a Sheriff with some exceptions. The requirements and exceptions are listed under the 48.021 Process; by whom served, 48.27 Certified process servers and 48.29 Certification of process servers headings of this page.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Florida.

No.

Georgia Process Server Licensing Requirements

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 18 years of age and has been appointed as a permanent process server by the court in which the action is brought.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Georgia.

No.

Hawaii Process Server Licensing Requirements

Service of all process shall be made:



1. Anywhere in the State by the sheriff or the sheriff’s deputy, by some other person specially appointed by the court for that purpose, or by any person who is not a party and is not less than 18 years of age; or
2. In any county by the chief of police or the chief’s duly authorized subordinate.

No.

Idaho Process Server Licensing Requirements

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. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by giving or offering to the person at the same time, if demanded, the fees for one (1) day’s attendance and the mileage allowed by law, except that no prepayment tender of fees and mileage shall be necessary to witnesses subpoenaed by the attorney general or any prosecuting attorney on behalf of the state. When the subpoena is issued on behalf of the state or an officer or agency thereof, fees and mileage need not be tendered. When service is by an officer it must be returned with the officer’s certificate of service, and when served by any other person it must be returned with an affidavit of such person of its service. (Amended July 2, 1976, effective October 1, 1976; am. effective July 1, 1977.)

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Idaho.

No. Visit Mighty Process server’s Become a Process Server page for more information.

Illinois Process Server Licensing Requirements

Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. In counties with a population of less than 2,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act. A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.

There is no statewide licensing law in Illinois; however, a person licensed in Illinois as a “private detective” 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 “private detective agency” 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 18, upon motion, may be appointed by the court to serve original process. [Illinois Compiled Statutes §5/2-202]

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Illinois.

No.

Indiana Process Server Requirements

The person seeking service or his attorney may designate the manner of service upon the summons. If not so designated, the 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Indiana.

No.

Iowa Process Server Requirements

Original notices may be served by any person who is neither a party nor the attorney for a party to the action. A party or party’s agent or attorney may take an acknowledgment of service and deliver a copy of the original notice in connection therewith and may mail a copy of the original notice when mailing is required or permitted under any rule or statute.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Iowa.

No.

Kansas Process Server Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Kansas.

No.

Kentucky Process Server Requirements

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. However, civil summonses may be served by sheriffs, constables or court-appointed special bailiffs.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Kentucky.

No.

Louisiana Process Server Requirements

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Louisiana.

No.

Maine Process Server Requirements

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Maine.

No.

Maryland Process Server Requirements

Service of process may be made by a sheriff or, except as otherwise provided in this Rule, by a competent private person, 18 years of age or older, including an attorney of record, but not by a party to the action.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Maryland.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Massachusetts.

No.

Michigan Process Server Requirements

Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Michigan.

No.

Minnesota Process Server Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Minnesota.

No.

Mississippi Process Server Requirements

A summons and complaint shall, except as provided in subparagraphs (2) and (4) of this subdivision, be served by any person who is not a party and is not less than 18 years of age. When a summons and complaint are served by process server, an amount not exceeding that statutorily allowed to the sheriff for service of process may be taxed as recoverable costs in the action.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Mississippi.

No. There are no state licensing requirements, but the city of St. Louis has local requirements.

Missouri Process Server Requirements

City of St. Louis (22nd Judicial District) requires that all persons who want to become process servers must take and pass a training course (5 nights of classroom instruction with written examination) administered by the Sheriff of the City of St. Louis. Applicants must be 21 years of age, have a high school diploma or GED and no criminal record. All process servers are required to have E&O coverage with limits of at least $100,000.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Missouri.

There is no licensing requirement in the state of Montana, but you do have to be registered (read more below).

Montana Process Server Requirements

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. [Montana Code Annotated §25-1-1101 and §25-1-1111].

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Montana.

No. See Nebraska Process Server Requirements below.

Nebraska Process Server Requirements

See Rule 25-507

• In any county which does not have a person contracted as a constable pursuant to section 25-2229, any person twenty-one years of age or older or a corporation, partnership, or limited liability company that satisfies the requirements of subsection (2) of 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 subsection (1) of this section if such person or entity

1. is not a party to the action,
2. is not related to a party to the action,
3. does not have an interest in the action,
4. is not a public official employed by the county where service is made whose duties include service of process, and
5. 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Nebraska.

Yes.

Nevada Process Server Licensing Requirements

It is required that all process servers are licensed and 21, or over, two-years experience as a process server and insurance against liability to third persons with limits of no less then $200,000. No bonding is required. However, applicants must deposit $750 upon submitting their application to pay for a background investigation, the maximum an applicant can be charged for a background check is $1500. Applicants must also pass a written application and may be required to pass an oral exam as well. Licenses are issued by the Nevada Private Investigator’s Licensing Board. Nevada is the most expensive state in the nation to get licensed. [Nevada Revised Statutes §648.110 and §648.135]

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Nevada.

No.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of New Hampshire.

No.

New Jersey Process Server Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of New Jersey.

No.

New Mexico Process Serving Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of New Mexico.

In some areas, Yes. There is not a statewide license, but there are local process serving requirements.

New York Process Server Licensing Requirements

New York City’s 5 Burroughs

New York requires all process servers within each of the 5 boroughs (Manhattan, Brooklyn, Bronx, Staten Island, and Queens) to be licensed through the NYC Department of Consumer Affairs. Individual process servers must pay a surety bond of $10,000, and agencies must pay a bond of $100,000 to be effective for their entire license term. Process servers must also pass a test on relevant rules and laws before being issued a license or renewal. Rules of the City of New York, subchapter W, §2.231, et seq and §20-403, et seq.

No.

North Carolina Process Serving Requirements

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 this State, 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 21 years of age or anyone duly authorized to serve summons by the law of the place where service is to be made.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of North Carolina.

No.

North Dakota Process Server Licensing Requirements

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; 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of North Dakota.

No.

Ohio Process Serving Requirements

Personal service When the plaintiff files a written request with the clerk for personal service, service of process shall be made by that method. When process issued from the Supreme Court, a court of appeals, a court of common pleas, or a county court is to be served personally, the clerk of the court shall deliver the process and sufficient copies of the process and complaint, or other document to be served, to the sheriff of the county in which the party to be served resides or may be found. When process issues from the municipal court, delivery shall be to the bailiff of the court for service on all defendants who reside or may be found within the county or counties in which that court has territorial jurisdiction and to the sheriff of any other county in this state for service upon a defendant who resides in or may be found in that other county. In the alternative, process issuing from any of these courts may be delivered by the clerk to any person not less than eighteen years of age, who is not a party and who has been designated by order of the court to make service of process. The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served. When the copy of the process has been served, the person serving process shall endorse that fact on the process and return it to the clerk, who shall make the appropriate entry on the appearance docket. When the person serving process is unable to serve a copy of the process within twenty-eight days, the person shall endorse that fact and the reasons therefore on the process and return the process and copies to the clerk who shall make the appropriate entry on the appearance docket. In the event of failure of service, the clerk shall follow the notification procedure set forth in division (A) of this rule. Failure to make service within the twenty-eight day period and failure to make proof of service do not affect the validity of the service.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Ohio.

Yes (see below).

Oklahoma Process Serving Requirements

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. [Oklahoma Statutes Annotated §12-158.1]

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Oklahoma.

No.

Oregon Process Server Licensing Requirements

Any person over the age of 18 and not a party may serve process in Oregon. State law requires that any person who serves a Writ of Garnishment must have E&O coverage with minimum limits of $100,000. [Oregon Revised Statutes § 29.165]

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Oregon.

No.

Pennsylvania Process Serving Requirements

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. Note: See Rule 76 for the definition of “competent adult”. Service of original process in domestic relations matters is governed by Rule 1930.4.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the Commonwealth State of Pennsylvania.

No.

Rhode Island Process Serving Requirements

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 18 years of age.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Rhode Island.

No.

South Carolina Process Serving Requirements

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)

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of South Carolina.

No.

South Dakota Process Serving Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of South Dakota.

No.

Utah Process Server Licensing Requirements:

The summons and complaint may be served in this state 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 18 years of age or older at the time of service, and not a party to the action or a party’s attorney.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Utah.

No. Visit Mighty Process Server’s Become a Process Server page for more information. However, Shelby County, TN has their own specific rules for process servers.

Tennessee Process Serving Requirements

A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. The process server must be identified by name and address on the return.

No, but they must be certified to serve process.

Texas Process Serving Requirements

• Texas process servers are monitored by a Process Server Certification Board
• Process Servers may be serving process once they receive their certification card

No, however process servers must be authorized by the county court in which he or she is serving.

Vermont Process Serving Requirements

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, except that process served under subdivision (f), 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Vermont.

No.

West Virginia Process Serving Requirements

Any person of age eighteen years or older and who is not a party or otherwise interested in the subject matter in controversy. Whenever in this Code the term “officer” or “sheriff” is used to refer to persons authorized to make, return or do any other act relating to service of process, such term shall be deemed to refer to any person authorized by this section to serve process.

Notwithstanding any other provision of law (i) only a sheriff may execute an order or writ of possession for personal, real or mixed property, including an order or writ of possession arising out of an action in unlawful entry and detainer or ejectment; (ii) any sheriff or law-enforcement officer as defined in § 9-169 of the Code of Virginia may serve any capias or criminal show cause order; and (iii) only a sheriff, the high constable for the City of Norfolk or Virginia Beach or a treasurer may levy upon property.

(Code 1950, §§ 8-52, 8-54; 1954, c. 543; 1960 c. 16, 1968, c. 484, 1977, c. 617, 1981, c. 110, 1986, c. 275; 1996, cc. 501, 608: 1997, c. 820.)

Case Note: Where nothing in the record established that process server was qualified to serve process under Virginia’s procedural requirements, service of process was invalid, and the court did not acquire personal jurisdiction over defendant. Harrel v. Preston, 15 Va.App. 202, 421 S.E.2d 676 (1992).

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the Commonwealth of Virginia.

No, process servers in West Virginia are not required to be licensed.

West Virginia Process Serving Requirements

Service may be effected by any person who is not a party and who is at least 18 years of age.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of West Virginia.

No.

Wisconsin Process Serving Requirements

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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Wisconsin.

No, however process servers must be authorized by the county court in which he or she is serving.

Wyoming Process Serving Requirements

Process may be served within the state, 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Wyoming.

No.

Who can be a process server in Washington DC?

Any adult over the age of eighteen (18) years old, 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in Washington D.C.

No, but they do have to be registered.

Washington Process Server Licensing Requirements

• 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.

Visit Mighty Process Server's Become a Process Server page for more information about what it takes to start a new Process Serving company in the State of Washington.