Certification – Why?

Process server certification programs help ensure the technical competence of professional servers. Certification exams go beyond training by providing a tangible measurement of a process server’s knowledge of the law, court rules, and case decisions. Certification programs establish standards for process server education and play an important role in developing a qualified workforce around the state. Employers, attorneys, collection agencies, and other consumers of our services all benefit from certification.

Why is Certification Important?

To understand why certification is valuable we need to look at the process server as an integral part of the legal system. Every other member of the legal community is either required to obtain some level of certification or will benefit professionally by obtaining certification on their own. This includes:

• Attorneys
• Paralegals
• Legal Secretaries
• Legal Nurse Consultants
• Legal Investigators
• Law Office Records Custodians
• And many many more

As with driving a car, service of process can be done well and safely with proper training, but can be very dangerous (in terms of both personal safety and liability) for the untrained. Even process servers with years of experience don’t know the rules of service as well as they should and are often unfamiliar with the case law which impacts their daily work. Much of what they know they’ve learned “on the job” and this simply isn’t sufficient in our highly litigious and fast moving society.

For example, there are often time limits associated with the service of certain legal documents which must be met in order for the service to hold up in court. Failing to meet these time constraints creates serious problems for our clients and exposes us to high levels of civil liability. We can become the servee instead of the server.

Untrained process servers can also become the subject of criminal prosecution. For instance, most process servers in Washington are aware they have some protection from the charge of trespassing thanks to a defense built into the trespass statute. However, what many don’t realize is that it is only a defense and not an exemption. Even experienced servers can easily overstep the bounds of the defense and find himself or herself in need of a good criminal defense attorney.

Another place the untrained can run into problems has to do with how a process server should act and behave in the typical service situation. Some servers believe they are “officers of the court” or have some kind of special judicial authority. This belief tempts them to say or do things which will escalate an already difficult situation into one where it is necessary to call law enforcement. Not only does the untrained process server expose himself or herself to arrest but, at the very least, wastes time filling out police reports.

Does certification indicate a level of expertise?

YES! Certification provides proof that you have achieved a high level of technical expertise as a process server. Certification ensures the process server has mastered a basic level of knowledge and safety skills through the completion of a rigorous training program.

Will certification guarantee your success?

Unfortunately the answer is “no.” Much will depend on how you go about implementing in the real world what you learn here at the Center. However, certification is your proof to your client that you have a certain level of knowledge that other untrained process servers don’t have. Used properly this will open doors for you in the form of new clients and higher fees.