While there are some similarities between a process server and a legal messenger, some key differences are very important to know. First, it is important to understand exactly what the two jobs are.

Process Server

While a process server can perform the tasks of a legal messenger, the majority of their time is spent doing more time-consuming tasks a legal messenger will not do, such as delivering a summons, petition, writ, complaint, subpoena, unlawful detainer, a notice of small claim, restraining order, or any other legal documentation that requires delivery to the opposing party in a legal action or lawsuit. A service of process is when one party in a legal action or lawsuit gives an appropriate notice of legal action to the opposing party, court, or administrative body. This is primarily done to exercise jurisdiction over an opposing party, enabling them to respond to the proceeding before a tribunal, body, or court. The process server then ensures the true and correct set of copies of court documents are delivered to the opposing party. As a process server, they must be an uninterested third party, not a party to the action. Process servers will serve the legal documents to the correct opposing party promptly and notify the courts that they have done so. This may take a few attempts to complete, but once completed, you will receive a copy of proof of service within 24 hours of the filing with the court.

Legal Messenger and Courier

 

The job of a legal messenger is not entirely different from that of a process server. A legal messenger is tasked with delivering items such as Titles / Deeds, Contracts, Court papers, Passports, Legal tenders, Plans and Drawings, Documents for the Register of Wills, legal filings, and other legal documents. With these documents, a legal courier may also be tasked with performing a court filing with the clerk of courts and or obtaining necessary signatures before delivering them to their final destination. Another task many legal couriers will complete is a court staging of records. This helps many legal teams keep on track with time and allows them more time to prepare for trial instead of moving all of their documents. One last task that may be completed by a legal messenger is document retrieval. Legal messengers will take the time to go to the court archives and retrieve documents such as docket sheets, complaints, answers, opinions, affidavits, briefs, orders, decisions, motions, transcripts, judgments, pleadings, and any other documents required of your case.

While what a legal messenger does sounds much like what a Process server would do, it is different in two ways. One way this is different is because these documents are not compelling anyone to do anything by law. A legal messenger will deliver any documents that do not have any force or enactment behind them. When a process server attempts these types of deliveries, they are often armed and trained for heightened situations as many people react differently to being served. This means most process servers are law enforcement or retired law enforcement, legally allowed to possess a sidearm when attempting to serve an Individual. The second reason the two jobs are different is that a Legal messenger will only have to attempt delivery once, whereas a process server may have to attempt multiple times. Process servers are tasked with locating a person who does not always want to be found to be served court notices or documents.

Advantages and Disadvantages:

 

Advantages of a Process server
When hiring a process server, you are hiring an individual with some background or career related to the legal or justice system. Often, a process server will be a retired police officer, private investigator, or someone who has completed the necessary processes and training to become a licensed process server. However, not all states require it to this degree.

• Background working in the legal or justice system as some form of officer.
• Can legally serve documents to a party.
• Stakeout evasive individuals

Disadvantages of a process server
Hiring a legal process server can lead to higher expenses than most legal messengers. There are also a limited number of process servers working in today’s covid age, and their time between different jobs may be spread thin and not always entirely focused on your serving. The last disadvantage to hiring a process server is it is hard to tell if you are hiring a good one, as they are not publicly reviewed to maintain their privacy from others due to the potential danger in the nature of their job.

• Costly
• Waiting list for delivery (you are not always the priority)
• Difficult to find a process server service
• Hard to know if you’re hiring a good process server

Advantages of a legal messenger

Depending upon the company, the majority of the legal couriers will have been certified and protocol trained on how to handle legal documents. They will also be trained to do the various tasks of filing with the clerk of courts, retrieving documents from archives, and performing a court staging of records. This means although they have the skills necessary to perform these tasks and the experience, they will not charge as much as a legal processor.

• Cost-effective
• Protocol trained
• Certified in all legal processes

Disadvantages of a legal messenger

One disadvantage to hiring a legal courier over a legal processor is that they cannot serve a party. Serving can be dangerous and may require the individual to possess a firearm when confronting the party to be served. Legal messengers will not do confrontational activities such as stakeouts and servicing hostile individuals.

• Cannot serve
• Non- confrontational deliveries only
• Will not stakeout

With the proper understanding of the differences between a process server and a legal messenger, you will be able to choose the service that is best suited to your needs and price range. Call Reliable couriers or go online to fill out our quote request form and find out how our legal couriers can meet your legal delivery needs.