Does a Process Server Need to Be Licensed?
Navigating the legal landscape can be complex, especially when it comes to understanding the roles and responsibilities of various professionals involved in the process. One such role is that of a process server, a person responsible for delivering legal documents to the parties involved in a lawsuit. But does a process server need to be licensed? The answer varies depending on the jurisdiction and the specific requirements set forth by local and state laws.
Straight to the Point – There is no official licensure requirement in Florida or at a federal level for process servers. However, all private process servers in Florida must meet state-level requirements and be approved/certified/appointed by either the local Sheriff’s office, governing judicial circuit, or applicable judge. The specific method of approval for process servers varies from county to county, so attention to state and local laws and regulations is key.
Federal Laws
At the federal level, there are no specific licensing requirements for process servers. However, Rule 4 of the Federal Rules of Civil Procedure outlines who is eligible to serve process. According to Rule 4(c)(2), any person who is at least 18 years old and not a party to the case may serve a summons and complaint.
The Florida Statutes
According to Chapter 48 of the Florida Statutes, a person applying to become a special process server must:
- Be at least 18 years old.
- Have no mental or legal disability.
- Be a permanent resident of the state.
- Submit to a background investigation.
- Obtain a certificate of good conduct.
- Submit to an examination.
- Take an oath.
Florida’s 1st Judicial Circuit Requirements
In Florida’s 1st Judicial Circuit, which includes Escambia, Okaloosa, Santa Rosa, and Walton counties, process servers must be certified by the circuit before they can serve process in any county covered by the circuit. To become a certified process server, one must:
- Pass a Written Exam: The exam covers Chapter 48 of the Florida Statutes and is administered at Community Corrections in Pensacola, FL.
- Pay a $300 Non-Refundable Fee: This fee is payable during the exam appointment.
- Complete an Application: The application must be notarized, which can be done at the time of the appointment.
- Obtain a $5,000 Bond: This bond can be acquired through any surety company authorized to do business in Florida.
- Obtain a Certificate of Good Conduct: This certificate must be requested by mail to the Office of the State Attorney in Pensacola, FL.
Bay County, Florida
In Bay County, Florida, process servers must be approved by the local Sheriff. While specific information is not available online, they would need to follow the state requirements at a minimum.
Alabama Requirements
In Alabama, anyone over 18 years old who is approved by the Clerk of Court who issued the summons is allowed to serve process. There is no formal certification process in Alabama.
Trust Accurate Serve® for Quality Process Service in the Panhandle
The requirements for becoming a process server vary by jurisdiction, but it is crucial to be aware of both state and local laws. If you’re in need of process service, document retrieval, skip-tracing, or diligent searches, Accurate Serve® is here to assist you. With offices in Pensacola, Panama City, Milton, Fort Walton Beach, and Mobile, Alabama, we are well-equipped to handle your needs.
To get started with Accurate Serve® today, send us a work request online or contact us at (850) 914-9488.