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Process Serving FAQs

Published August 15, 2021 | By Accurate Serve Atlanta

What is service of process?

Service of process is the act of officially delivering court-related documents, known as process, to relevant parties. Defendants are typically served with a summons and complaint, while witnesses and experts will receive a subpoena. 

What is a process server?

A process server is an expert trained to deliver legal process to its intended recipient. In Georgia, private process servers must be certified by the court system for their work to be valid. Process servers typically receive assignments from legal firms and plaintiffs. They then deliver the assigned process and attest under penalty of perjury that it was delivered to the correct person.

What types of paperwork does a process server deliver?

Summons, complaints, and subpoenas are the most commonly served process. Motions, orders, and writs are other types of process that can be served. Private process servers serve process for all case types, including:

  • Divorce
  • Child custody
  • Civil lawsuits
  • Evictions
  • Foreclosures

Can process be served via mail?

Service by mail will only be approved in Atlanta after a diligent effort has been made to serve the process in person. A judge must approve the request before service by mail is attempted.

Are process servers required in Atlanta?

Yes, you must use either the Sheriff’s office or a private certified process server to legally serve process in Atlanta. Potential process servers must apply for certification with Fulton County’s Superior Court to be added to the approved process server list.

Who can be a process server?

Georgia’s 5th Judicial Administrative District Superior Court sets the eligibility rules for who can be a process server in Atlanta as follows:

  • Be 18 years or older
  • Be a US citizen
  • Not have a conviction or pending charge for a felony, impersonating a peace officer, domestic violence, a crime of moral turpitude, a traffic offense that resulted in license suspension, driving under the influence, or a serious traffic crime.

Do process servers have to be licensed or registered?

Yes, private process servers in Georgia’s 5th Judicial Administrative District must be certified by the local sheriff’s department.

How do I apply to become a process server in Atlanta?

If you meet the eligibility requirements above, you can apply to become a Certified Process Server in Georgia’s 5th Judicial Administrative District, which includes Atlanta. To apply, you must:

  • Complete the application
  • Pass a fingerprint-based background check, including criminal history
  • Pass a pre-certification training and exam
  • Obtain a surety bond or liability insurance for at least $25,000

After you complete all these steps, your information will be reviewed by the local Sheriff’s office. If you meet all the requirements and no objections are filed against you, you may be approved as a Certified Process Server in Atlanta for three years.

What can a process server do to locate someone?

Process servers can use various means to locate their intended recipient. They may:

  • Go to the recipient’s residence.
  • Go to the recipient’s workplace.
  • Go to the recipient’s school.
  • Call the recipient.
  • Go to any place they believe the recipient may be found.
  • Use online resources such as social media.
  • After court approval, give the process to a third party, or publish it in the local newspaper.

What can a process server not do when serving process?

Process servers in Atlanta may NOT:

  • Serve process in any case in which they are personally invested.
  • Serve process outside of the district where they are certified.
  • Touch the recipient’s mailbox or mail slot.
  • Lie about who they are.
  • Use drugs or alcohol while serving process.
  • Make threats.
  • Use offensive or vulgar language.
  • Physically contact the recipient.
  • Accept tips or bribes.

As you can see, Certified Process Servers in Atlanta are held to a high standard of conduct. For the most professional Certified Process Servers in Fulton County, trust the experts at Accurate Serve. Our process servers have the knowledge and resources necessary to serve process in your case quickly and discreetly. We monitor our servers for compliance with all relevant laws, so you’ll never have to worry about improper service affecting your case. We also focus on serving process within the set timeline, giving you even more peace of mind. Visit www.accurateserveatlanta.com or call (404) 924-4838 to speak with someone on our team today!