Do you have a question you would like to ask a Process Server?
This is the place to get answers to those questions. Learn more about what an Arkansas Process Server does with our FAQs:
What is the meaning of process serving in Arkansas?
Process serving in Arkansas is the procedure in which legal papers are served to defendants, witnesses, and others in order to effectuate due process of law. Due process, also referred to as procedural due process, requires the fair treatment of an individual against whom an action is taken. If any court proceedings or legal actions are brought against an individual (and in certain instances, a corporation), that person must have knowledge of the proceedings in order for the plaintiff to comply with due process requirements. Notification of the proceedings is accomplished by serving papers upon the individual or upon an officer or agent of the corporation.
Serving legal papers in Arkansas is accomplished by having the process server locate the defendant and hand-deliver the specific legal papers, such as a summons and complaint or a court subpoena, to such person. This comports with due process requirements in that the person is notified of the action. Arkansas process servers serve a variety of court papers, including a summons, complaint, subpoena, and other types of legal papers. The Arkansas process server must comply with the rules in Arkansas so that service of process is legally made.
While legal process service in Arkansas usually requires the delivery of court papers to the defendant by in-hand delivery, there are several other methods of serving process to comply with due process. Where in-hand delivery cannot be made, the papers may be left at the defendant’s residence with someone at least fourteen years of age or left with an agent authorized to receive service of process in Arkansas. This is generally referred to as “substituted service.” Using an Arkansas process server will ensure that if the defendant does not appear in the action, a default judgment can be taken against him. It is the most reliable way to ensure that service of court papers has been accomplished properly.
If service of process cannot be effectuated, Arkansas allows the clerk of the court to issue a warning order, which states the name and caption of the case, among other things. The plaintiff is responsible for publishing the warning order for two consecutive weeks in a general circulation newspaper in the county in which the action is filed. In such instance, the plaintiff must also mail a copy of the legal papers to the defendant by restricted delivery.
Who can be a process server in Arkansas?
Initially, sheriffs and certain designated people were the only ones who could serve legal papers. However, in some states, generally anyone who is at least 18 who is not a party to the action will be allowed to serve legal papers. Despite this general rule, Arkansas has specific rules for who can serve process —an application has to be made to the court for serving process. It is not enough to be 18; the person must also be a United States citizen and the applicant must be appointed by the court.
Arkansas process servers are bound by the state’s rules of procedure and by judicial and administrative rules. These rules specify who can serve legal papers in Arkansas.
In Arkansas, a process server is someone appointed by the court in which the action or proceeding is filed, or by a court in the county where process service is to be made. As indicated above, the process server has to be at least 18 years of age, be a citizen of the United States, and have a high school diploma or equivalent, among other qualifications. Serving papers in Arkansas requires more than simply finding a random citizen and sending them off with the court documents. Service of process in Arkansas can still be made by a sheriff or his deputy of the county where service is to be made. However, sheriffs have other responsibilities and service of process is usually not the first thing on their agendas. If serving process in Arkansas is made pursuant to the less reliable method of mail or a commercial delivery company, legal process service can also be made by the plaintiff or by his attorney.
Arkansas rules are very specific as to who can serve legal papers. It is important to make sure your process server follows the laws for service of process or your case could be jeopardized. Make sure you use a reputable Arkansas process serving company, like the team at McKinney Process Service, so that service of process is made properly and pursuant to applicable laws.
What does process serving in Arkansas entail?
Process serving in Arkansas requires delivery of legal papers to the intended receiver. It may not always be the defendant; in some cases, there will be papers filed as a cross-motion or other papers which must be served upon the plaintiff. Still other papers will be served on witnesses.
In Arkansas, the process server may have to make several attempts before successfully serving court papers. In addition to the multiple attempts, the process server may have to locate the defendant (or other person) at their home, at work, or at places where they usually frequent.
The process server must ensure that he is following all applicable Arkansas laws pertaining to serving legal papers. After service of process has been made, an Arkansas process server must obtain an Affidavit of Service, which is a notarized document proving that service was made. The Affidavit of Service is then given to the person who requested service. Alternatively, the Affidavit of Service can be filed with the court where such filing is authorized by the person requesting service.
What are the costs of serving my legal papers in Arkansas?
Serving court papers in Arkansas can range from $50 to $200 or more, depending on your needs or upon special requests such as rush service, overnight service, person location service, or other additional requests. Price is commensurately affected if locator service or any of the aforesaid additional services are needed.
At McKinney Process Service, however, multiple attempts to serve process at the same address in Arkansas will not be charged to you; you still will have one flat fee no matter how many attempts it takes at that address. Other process servers may charge you more for multiple attempts. At ServingPapers.com, our Arkansas process servers will not impose hidden charges on you. Other process servers in Arkansas may give you a quote but not tell you how many attempts at serving papers that quote includes, and therefore you may be paying expenses you didn’t anticipate. With McKinney Process Service, we disclose every cost at the outset. Our goal is your complete satisfaction and to serve legal papers in Arkansas quickly and efficiently.
How long does service of process take in Arkansas?
At McKinney Process Service, we offer a range of services so we can best meet your court process service needs. Most often, we estimate that our service (or turn-around time to serve legal papers) will take anywhere from five to seven days from the time our services have been retained. However, we offer other types of legal notice service, including rush service or overnight air service. Typically this type of service will be attempted within three days. Speak to us about special requests, such as same day service, which may sometimes be possible depending on our ability to locate the defendant and receive the papers in a timely manner. While these rush services cost more, they can provide you with different choices when it comes to serving process in Arkansas.
Is my Arkansas process server required to be licensed or appointed?
In Arkansas, people who qualify as process servers have been appointed by the court in the district in which process service is going to be made. People who want to become process servers must submit an application and an affidavit to the court and must be appointed by the administrative judge or by a judge of a circuit court designated by the administrative judge.
Arkansas process servers must demonstrate familiarity with the papers to be served. They must also be prepared to show identification, a certified copy of the order of appointment, and a valid Arkansas driver’s license. When requested during service of process, the Arkansas process server must show this identification.
The team at McKinney Process Service meets the qualifications to be process servers in several Arkansas counties. See the full list here; however, this is not an exhaustive list, so give us a call if the area you need papers served is not listed.
What is an Affidavit of Service in the process of serving court papers in Arkansas?
An Affidavit of Service is proof of service, which is a notarized document you receive from your Arkansas process server upon completion of service. The Affidavit of Service in Arkansas describes who was served, when service took place, and where service occurred. The Affidavit of Service is crucial for all court cases—it starts the action and is proof that the legal papers have been served properly. It must be filed with the court to indicate that service has been made.
If you have a court subpoena, summons and complaint, or other court document you need to have served in Arkansas, call McKinney Process service today!