If you have been told that legal documents need to be “served”, you may have been advised to use a process server. But what exactly does a process server do, why might personal service be necessary and how does their role differ from that of a bailiff?
A process server is a person instructed to deliver legal documents to an individual, company or other party involved in a legal matter. Their role is not simply to deliver paperwork. They help ensure documents are served in the appropriate way and provide evidence confirming what happened.
For solicitors and other legal professionals, using an experienced process serving service can provide a practical way to arrange personal service across England and Wales. Individuals can also instruct a process server directly where appropriate.
This guide explains what process servers do, when they may be needed and some of the most common misconceptions surrounding their role.
Please note: Rules surrounding service vary depending on the type of document, proceedings and any directions made by the court. This guide focuses primarily on process serving in England and Wales and is intended as general information rather than legal advice.
What is a process server?
A process server is someone who delivers legal documents to another person or organisation on behalf of an individual, solicitor, business, public body or other instructing party.
This is commonly known as service of process or serving legal documents.
There are many reasons why documents may need to be formally served. In some cases, the relevant court rules or an order of the court may require personal service. In others, personal service may be chosen as an appropriate method of ensuring that important documents reach the intended recipient.
A process server’s job is therefore to:
- locate the person or organisation to be served
- attend the relevant address
- identify the intended recipient where required
- serve the documents using the appropriate method
- record the circumstances of the service
- provide confirmation or formal evidence of service where required
The precise process will depend on the documents involved.
What does “serving documents” actually mean?
In everyday language, serving someone simply means formally providing them with legal paperwork.
However, legal service is subject to procedural rules. It is not always enough simply to put a document in the post or through someone’s letterbox.
For example, the Civil Procedure Rules recognise a number of methods through which documents can be served, including personal service, post and certain forms of electronic communication. In some circumstances, the rules, another enactment or an order of the court may specifically require personal service.
Where a document is personally served on an individual, this will generally involve leaving the document with that individual.
The requirements can differ according to the proceedings, which is why the instructions and documents should be reviewed before service is attempted.
What does a process server do in the UK?
The role of a process server can involve much more than turning up at an address and handing someone an envelope.
For work undertaken in England and Wales, a professional process serving company will typically manage the process from instruction through to confirmation of service.
1. Receiving the documents and instructions
The process begins when the process server receives the documents together with information about the person or organisation that needs to be served.
Instructions may come from:
- solicitors and law firms
- barristers or other legal professionals
- local authorities and public bodies
- charities and support organisations
- businesses
- landlords
- individuals involved in legal proceedings
The process server may also need information such as photographs, known addresses, working patterns or other details that can assist with identification.
2. Checking the service requirements
Different documents can have different service requirements.
Before attempting service, the process serving company needs to understand what is being served, any relevant deadline and the method of service requested.
This is particularly important where personal service is required.
The process server does not determine the legal strategy or provide legal advice. Their role is to carry out the instructions they have received and document what happens during the attempt.
3. Attending the address
The process server will attend the address or location where the recipient is believed to be.
This may be:
- a residential address
- a workplace
- business premises
- another known location
Depending on the circumstances, more than one attendance may be required.
A nationwide process serving network can be particularly useful where a solicitor or organisation regularly needs documents served in different parts of England and Wales.
Assist Process Serving has a network of more than 90 experienced process servers, enabling us to arrange service across a wide range of locations.
4. Identifying the recipient
Where documents must be personally served, establishing that the correct person has been located is important.
A process server may use information supplied with the instruction and information obtained during their attendance to help identify the individual.
The exact approach will depend on the circumstances and the nature of the documents being served.
5. Serving the documents
Once the recipient has been identified, the process server can carry out service in accordance with the instructions and applicable requirements.
Personal service generally involves leaving the documents with the intended recipient.
A recipient does not necessarily need to welcome the documents or agree with their contents for service to take place.
The purpose of the process server is to effect service, not to discuss the legal case or persuade the recipient to take any particular action.
6. Recording what happened
An important part of process serving happens after the attendance.
The process server will record relevant details about the service or attempted service, which may include:
- the date
- the time
- the location
- how the recipient was identified
- what happened during the attendance
- whether service was successful
Where required, this information can then be used to prepare appropriate proof of service.
This can be important if the court later needs evidence showing that documents were served.
What types of legal documents can a process server serve?
Process servers are used across many different areas of law.
Depending on the circumstances and service requirements, documents can include:
Non-molestation orders
A non-molestation order process serving service can be used to arrange personal service of an order and associated documents on the respondent.
These matters can be particularly sensitive, making clear communication and prompt confirmation of service important.
Occupation orders
Process servers may also be instructed for the service of occupation orders, including cases where an occupation order is made alongside other family court orders.
Prohibited Steps Orders
A Prohibited Steps Order serving service can assist solicitors and individuals who need a PSO served on another party.
Child Arrangements Orders
Process servers can assist with serving Child Arrangements Orders and other documents arising from private children proceedings where personal service is appropriate or required.
Divorce documents
There may be circumstances where a party needs assistance with the service of divorce documents, particularly where previous attempts at service have not been successful.
Statutory demands
Businesses, individuals and legal professionals may instruct a process server to arrange the service of a statutory demand.
Because statutory demands can be connected with subsequent insolvency proceedings, having clear evidence of what occurred during service can be particularly important.
Bankruptcy and insolvency documents
Process servers may be instructed for the service of bankruptcy and insolvency documents, subject to the requirements applicable to the particular document and proceedings.
Witness summonses
A process server can assist with the service of a witness summons where formal service is required.
Claim forms and other court documents
Process servers can also assist with serving claim forms, court orders and writs, together with a wide variety of other civil and family court documents.
If you are unsure whether Assist can serve a particular document, contact our process serving team with details of what you need served.
Are process servers legal in the UK?
Yes. Using a process server to serve legal documents is lawful.
The Civil Procedure Rules and Family Procedure Rules expressly provide for personal service in a range of circumstances.
There is no single general licensing system that every private process server in England and Wales must join simply to serve legal documents. This is different from certain enforcement activities carried out by certificated enforcement agents.
What matters is that the documents are served in accordance with the rules that apply to the particular case and any directions or orders made by the court.
A professional process server should therefore understand the practical requirements of service and accurately record what happened.
What powers does a process server have?
One of the biggest misconceptions about process servers is that they have special enforcement powers.
They do not.
A process server’s function is to serve legal documents.
Being a process server does not, by itself, give someone the power to:
- seize possessions
- collect a debt using enforcement powers
- take control of goods
- arrest someone
- force somebody to discuss their case
- compel payment
- exercise bailiff or enforcement agent powers
Their role is considerably narrower.
This is one of the most important differences between a process server and a bailiff.
How is a process server different from a bailiff?
Process servers and bailiffs may both attend people’s homes in connection with legal matters, which can cause confusion.
However, they perform very different jobs.
A process server delivers legal documents.
A bailiff or enforcement agent carries out enforcement action where they have the legal authority to do so.
Enforcement agents can, in appropriate circumstances, exercise statutory powers relating to the enforcement of debts, fines, warrants and other obligations. This can include taking control of goods.
A process server does not acquire these powers simply because they have been instructed to serve court papers.
Receiving documents from a process server therefore does not mean that a bailiff has attended or that property is about to be seized.
The process server is there to deliver legal documents and record that service has taken place.
Can you refuse to accept documents from a process server?
Refusing to cooperate does not necessarily prevent documents from being served.
The rules governing personal service focus on whether the appropriate steps for service have been completed, rather than whether the recipient is happy to accept the documents.
Simply avoiding communication with a process server may therefore not make the underlying legal proceedings disappear.
Where a process server is unable to complete service, they can report the circumstances back to the instructing party.
What happens next will depend on the proceedings. In some cases, a solicitor or party may consider further attempts, additional enquiries or an application to the court concerning another method or place of service.
What happens if the person’s address is unknown?
Knowing where somebody lives is not always straightforward.
People move home, addresses become outdated and the information held by the person instructing the process server may no longer be accurate.
Where permitted and appropriate, additional enquiries may help locate an individual before further service is attempted.
Assist Process Serving can provide trace enquiry services where an up-to-date address is required.
Tracing and process serving are separate activities, but using them together can help reduce delays where the recipient’s current whereabouts are uncertain.
What happens after documents have been served?
Once service has been completed, the instructing party should receive confirmation.
Depending on the type of proceedings and the applicable requirements, formal proof of service may also be required.
The Civil Procedure Rules and Family Procedure Rules contain provisions relating to certificates of service and the information that may need to be recorded.
This is one reason why instructing a professional process server can be useful. The service itself may take only a short time, but the evidence showing when, where and how it took place can be important to the proceedings.
Who can use a process server?
You do not necessarily need to be a solicitor to instruct a process server.
Assist Process Serving works with a broad range of clients, including:
- solicitors and law firms
- legal professionals
- local authorities and other public bodies
- domestic abuse and support organisations
- businesses
- charities
- individuals
Some clients require a single document to be served. Others need ongoing process serving support across multiple cases and locations.
Our nationwide network allows us to coordinate instructions throughout England and Wales through a single process serving service.
Why use a professional process serving company?
Serving important legal documents can become complicated when the recipient is difficult to locate, reluctant to engage or based in another part of the country.
Using a professional service provides a clear process for managing the instruction from beginning to end.
When choosing a process serving company, it is worth looking for:
- experience serving the type of document involved
- clear geographical coverage
- responsive communication
- prompt confirmation following service
- proper records of attempts and successful service
- the ability to deal with urgent instructions
- support where the recipient’s address is uncertain
For law firms and organisations handling a significant volume of cases, nationwide coverage can also remove the need to source a different local process server every time documents need to be served.
Nationwide process serving across England and Wales
Assist Process Serving provides professional process serving throughout England and Wales.
Our network includes more than 90 experienced process servers, helping us arrange service across a wide range of locations for solicitors, legal professionals, public bodies, support organisations, businesses and individuals.
We can assist with everything from family court document serving and non-molestation orders to statutory demands, witness summonses, civil court documents and trace enquiries.
Assist Process Serving is part of the National Centre for Domestic Violence CIC.
Income generated through our process serving work is reinvested into the wider mission of supporting survivors of domestic abuse. This gives the service a wider social purpose while maintaining our focus on providing practical, professional and responsive process serving.
Process Serving FAQs
- Is a process server the same as a bailiff?
No. A process server’s role is primarily to deliver legal documents and provide evidence of service. Bailiffs, now commonly referred to as enforcement agents, may have statutory powers to enforce debts or court orders, including taking control of goods in appropriate circumstances.
- Can a process server arrest someone?
No. Being a process server does not give someone the power to arrest another person.
- Can a process server take your possessions?
No. A process server does not have the power to take control of goods simply because they have been instructed to serve legal documents.
- Does a process server have to hand documents directly to you?
It depends on the document and the applicable rules. Where personal service on an individual is required, this will generally involve leaving the document with that individual. Other methods of service may be permitted for other documents or proceedings.
- Can a process server serve documents at a workplace?
Potentially. The appropriate location and method will depend on the circumstances, the instructions received and the rules governing the particular documents.
- What if the process server cannot find the person?
The process server can report the unsuccessful attempts to the instructing party. Further attempts, trace enquiries or another method of service may then be considered depending on the case and, where necessary, the directions of the court.
- Can an individual hire a process server?
Yes. Process servers are not only used by solicitors. Individuals can instruct a process serving company directly where they need assistance serving legal documents.
- Does Assist Process Serving cover the whole UK?
Assist Process Serving provides nationwide coverage across England and Wales. Different procedural rules apply in Scotland and Northern Ireland, so instructions involving those jurisdictions should be considered separately.
Need to serve legal documents?
Whether you are a solicitor managing an urgent case, an organisation requiring nationwide support or an individual who has been told that documents must be personally served, Assist can help.
Make an enquiry to tell us what needs to be served, where the recipient is believed to be located and any relevant deadlines.
Our team can then advise on the practical next steps for arranging service.
