Process service (more precisely, service of process) is the formal legal procedure of delivering court documents—such as a summons, complaint, subpoena, or other papers—to a person or entity involved in a lawsuit or legal proceeding. This notifies them of the action and gives them an opportunity to respond.
Send us your difficult process service cases. Licensed private investigators who are also licensed as process servers have a success rate of over 90 percent! Kimmons investigations specializes in difficult process service matters, that may require surveillance and other aggressive tactics for success. This service is invoiced at an hourly rate plus mileage. The service is offered nationwide.
Use the form below to contact us about process service or call us at 713-532-5881
Why It Matters
It is a core part of due process under the U.S. Constitution. Courts generally cannot exercise personal jurisdiction over someone or enter a binding judgment against them without proper notice that is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections” (from the Supreme Court’s decision in Mullane v. Central Hanover Bank & Trust Co.).
Without valid service, a case often cannot proceed, and any later judgment may be challenged or voided.
What Gets Served
Common documents include:
- Summons and complaint (starting a lawsuit)
- Subpoenas (requiring testimony or records)
- Divorce/family law papers
- Eviction notices
- Court orders
Who Can Serve Process
The person filing the case generally cannot serve the papers themselves. Service must be done by someone who is at least 18 and not a party to the case. This is typically handled by:
- Professional process servers
- Law enforcement (sheriffs, marshals, etc.)
- Another qualified adult (friend, relative, etc., in many jurisdictions)
Many places require process servers to be licensed, registered, or bonded.
Common Methods of Service
Rules vary by jurisdiction (federal vs. state) and the type of case, but typical methods include:
- Personal service — Handing the documents directly to the person (the strongest and most widely accepted method).
- Substituted/abode service — Leaving them with a responsible adult of suitable age and discretion at the person’s home (sometimes with additional mailing requirements).
- Service on an agent — Delivering to a registered agent or authorized representative (common for businesses).
- Mail, publication, or other alternatives — Allowed in specific situations, often only with court approval if personal service fails after due diligence.
- Waiver of service — In some systems (especially federal court), a defendant can voluntarily acknowledge receipt to avoid formal service.
After service, the server files a proof of service (or affidavit/return of service) with the court, documenting when, where, how, and on whom the papers were delivered. This becomes part of the official record.
Other Meanings
In a business/operations context, “process service” can also refer to services that help organizations discover, document, automate, monitor, and improve recurring business processes (related to business process management, or BPM). This is a different usage from the legal term.
In everyday use, especially in the U.S., “process service” or “process serving” almost always refers to the legal delivery of court papers. Rules differ by country and jurisdiction, so local court procedures should always be checked.