How to start a Process Serving Business

By Roger Holloway TexasDetective.com

Introduction
For those interested in entering the process service industry or who are seeking
information regarding process service, Roger offer’s the following:
Several codes, statutes and rules govern the service of civil court process. Of
primary interest to you are the State Rules of Civil Procedure in your State. Copies may be found at your county law library and I have listed some here in this course.

About the Author
Roger Holloway is a Licensed Private Investigator in Texas and offer’s services such as surveillance, service of process, background checks, skip trace to name a few. Mr. Holloway has over 8 years in this profession and started in Colorado Springs, Colorado while serving in the military as a side job just to make ends meat if you know what I mean. The first time Roger served paper’s he only received a few minutes of training and he went out and had 10 paper’s served in about 1 hour and 30 minutes he made $10 per paper that is $100 bucks and the easiest and fastest money Roger ever made. He was hooked From here he began learning tricks of the trade with hard to serve people avoiding being served and surveillance, skip trace as well. Investigation came into play when he was asked to investigate a local cult that was killing small animals. After this he started doing Bail Enforcement and began working with bonds man and other investigators. Roger Started to obtain his own clients such as attorneys and general public.

Roger came back to Texas in 1999 and began to start all over first was to become a licensed Pi which he did and has maintained his license and developed new clients. Roger does obtain training as often as possible but from the start he is really self taught from just getting out there and doing it and you can do the same.

Chapter Contents
Chapter One: Rules Of Civil Procedures
Chapter Two: Service’s you could offer and fee’s you could charge
Chapter Three: How to obtain clients
Chapter Four: Getting the job done
Chapter Five: Tricks of the trade
Chapter Six: Networking
Chapter Seven: Ethics
Chapter Eight: Safety and security
Chapter Nine: Training
Conclusion

Chapter One:
Rules Of Civil Procedures
State Laws Licensing Process Servers
I have compiled below a list of those states with statewide licensing laws and thosestates having cities or other jurisdictions in which some form of regulation has been enacted. Bear in mind that these laws appear in the statutes of the individual statesand, with the exception of Arizona, do not appear in the state’s Rules of Civil Procedure.
What follows is my own summary of the statutes, which is intended only as a guide to point readers in the direction of the relevant law. Those states in which
authorization to serve is granted by special order, standing order, appointment of
elisor, or some other form of judicial appointment are not included.
STATES WITH STATEWIDE LICENSING LAWS
ALASKA
Process servers are licensed by the Commissioner of Public Safety. 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.
[Alaska Administrative Code, Title 13, section 067.5 thru 067.100]
ARIZONA
Arizona has statewide registration of process servers in compliance with procedures
set forth by the Arizona Supreme Court. Applicants must be 21 and a bona fide
resident for one year immediately preceding application. Applicants must pass a
written examination. No bonding or insurance required.
[Arizona Rules of Civil Procedure, Rule 4(e)]
CALIFORNIA
Persons who serve more than 10 papers a year are required to be registered in the
county in which they operate. Registration is valid statewide. Applicants must be a
resident for one year immediately preceding filing. Each applicant is required to post
a $2,000 bond or cash deposit. No testing or education required. Licensed private
investigators, although exempt from the registration requirement, would probably
not be empowered to serve bank levies and similar documents without being
registered in view of the statutory language requiring that a registered process
server serve those documents.
[California Business and Professions Code §22350 and §22353]
OKLAHOMA
Process servers are required to be licensed, and all licensees must execute a bond
“running to the State of Oklahoma in the amount of $5,000 for faithful performance
of his or her duties...” Applicants may pay a fee of $35 and be licensed to serve
process in the county in which the license is issued, or applicant may pay a fee of
$150 and be licensed statewide. 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]
WASHINGTON
A person who serves legal process for a fee in the State of Washington 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. Easiest and most inexpensive state in which to
get a license.
[Revised Code of Washington §18.180.010]
STATES WITH LOCAL LICENSING LAWS
FLORIDA
Sheriffs in certain counties (currently about seven) will appoint individuals as a
special process server. Applicants must be at least 18, be a permanent resident of
the state, submit to an examination and execute a $5,000 bond.
[Florida Statutes § 48.021]
The chief judge of each judicial circuit is empowered to certify process servers to
serve process, and currently judges in approximately 30 counties grant such
certifications. The requirements for becoming certified are essentially the same as
the requirements for being appointed a special process server by the sheriff.
[Florida Statutes § 48.27 – 48.29]
MISSOURI
City of St. Louis (22nd Judicial District) (pop. 400,000) 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.
NEW YORK
City of New York (pop. 8 million) requires all persons who serve process within its 5
boroughs (Manhattan, Brooklyn, Bronx, Staten Island, Queens) to be licensed
through the NYC Department of Consumer Affairs. There is no requirement for
insurance or bonding and no educational requirement or testing.
[Rules of the City of New York, subchapter W, §2.231, et seq and §20-403,
et seq.]
County of Suffolk (pop. 1.4 million) has adopted a local law requiring all process
servers who serve process in Suffolk County to be licensed. The law is to take effect
on July 1, 2002. Applicants must carry E&O coverage with limits of $250,000, must
have one day of schooling on process serving laws, and must pass a written
examination.
[Resolution No. 1191 of the Suffolk County Legislature, adopting local law
No. 2000
OREGON
Although any person over the age of 18 and not a party may serve process in
Oregon, there is a state law which 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]
States With Laws Prohibiting Holiday Service
State Laws Prohibiting Service of Process on Sundays/Holidays
All state court papers should be served in accordance with the law of the state having
original jurisdiction (where the complaint is filed).
Several states do not permit documents to be served on Sundays or Holidays, but some of
these states will permit service under special circumstances pursuant to Court Order.
If you live in a state where Sunday service is not permitted, it is your obligation to
include this information in your instruction sheet when forwarding work to out-ofstate
members. See the Rules of Procedure section at the beginning of each state’s
listing for a more detailed explanation of the statutes cited here.
FLORIDA SUNDAYS
Florida Statutes §48.20
MAINE SUNDAYS
Maine Revised Statutes §705
MASSACHUSETTS SUNDAYS
General Laws of Massachusetts
Chapter 136, Sec. 8
MICHIGAN SUNDAYS and ELECTION DAYS
Michigan Compiled Laws §600.1831
MINNESOTA SUNDAYS and HOLIDAYS
Minnesota Statutes §624.04 and
§645.44(5)
NEW YORK SUNDAYS
New York General Business Law §11
Upon person who keeps SATURDAY as
holy time
New York General Business Law §13
RHODE ISLAND SUNDAYS
General Laws of Rhode Island §9-5-24
SOUTH DAKOTA SUNDAYS
South Dakota Codified Laws §1-5-2
TENNESSEE SUNDAYS except by Court Order
Tennessee Code Annotated §20-2-105
and 106
TEXAS SUNDAYS
Texas Rules of Civil Procedure, Rule 6
VIRGINIA SUNDAYS
Code of Virginia §8.01-289
WEST VIRGINIA SUNDAYS
West Virginia Code §56-3-16
State Laws Prohibiting Interference
With Service of Process
DISTRICT OF COLUMBIA CODE
Title 22 Criminal Offenses
Sec. 22-722. Prohibited Acts; Penalty
(a.) A person commits the offense of obstruction of justice if that person:
(2.) Knowingly uses intimidating or physical force, threatens or corruptly persuades
another person, or by threatening letter or communication, endeavors to influence,
intimidate, or impede a witness or officer in any official proceeding, with intent to:
(c.) Evade a legal process that summons the person to appear as a witness or to
produce a document in an official proceeding

© Copyright 2002 - Roger Holloway. All Rights Reserved