What Does a Process Server Do?

A process server delivers court papers to the person or business being sued or served, and then swears to how it was done. In California the job and the server are both regulated. Other states have their own rules.

Delivering the papers

The server hands the papers, such as a summons and complaint, to the person being served. When a summons is handed over, the date of delivery is written on or attached to the copy (Code of Civil Procedure section 415.10). See personal service in California.

If the person cannot be handed the papers with reasonable diligence, the server may use substituted service: leaving them with a competent adult at the home, business or usual mailing address, then mailing a copy (section 415.20(b)). Starting January 1, 2027, reasonable diligence means good-faith attempts at personal delivery on at least three occasions, on three different days, at three different times.

A registered process server must be given access to a gated community or a guarded apartment or condominium building for a reasonable time, only to serve process, after showing identification and proof of current registration (section 415.21). See process server access to gated communities.

Proving the service

After service, the server signs a proof of service stating the time, place and manner of service and the name of the person who received the papers. Proof of personal service must be made on a Judicial Council form (section 417.10(a), (f)), form POS-010. Starting January 1, 2027, proofs of personal and substituted service must include photographs of each completed or attempted service, stamped with the date, time and GPS or similar coordinates, unless taking one would compromise the server's safety, in which case the server explains why. More: What is a return of service?

Registration in California

A person who makes more than 10 services of process in California in one calendar year for compensation must register with the county clerk where they live or have their main place of business (Business and Professions Code section 22350(a)).
Registration involves a certificate (including no felony conviction, or proof of rehabilitation, expungement or pardon, and California residence for the prior year), a $100 filing fee and a $2,000 bond or deposit; it lasts two years (sections 22351–22354).
The county clerk assigns a number and an ID card titled "Registered Process Server." Starting January 1, 2027, the county's register must be publicly available (section 22355).
A registered process server is responsible for the conduct of their employees and independent contractors acting within the scope of their work (section 22356).
The return of a registered process server creates a presumption that its facts are true, which shifts the burden of producing evidence to the other side (Evidence Code section 647).

Other states

Some states license or certify process servers, some appoint them case by case, and some let any adult non-party serve. See process serving by state.

Legal Hub Group arranges process serving for law firms in every state, through registered California process servers and local servers elsewhere, with live tracking of every attempt. Representing yourself? Our sister company Famous Legal Services serves papers for individuals.

This is general information, not legal advice.

Questions

Does a process server have to be registered in California?

A person who makes more than 10 services of process in California in a calendar year for compensation must register with the county clerk (Business and Professions Code section 22350). Sheriffs and marshals, attorneys and their employees serving in their own cases, court-appointed servers and licensed private investigators are exempt.