A process server in Columbus, Ohio, is legally authorized to deliver legal documents such as subpoenas, summons, complaints, petitions, court orders, eviction notices, and demands to the parties named in legal proceedings. Their primary role is to provide these parties with proper notice, ensuring the constitutional right to due process is upheld.
Even though a process server is authorized to serve papers, it does not mean they can do anything they want to ensure the papers reach the intended person. This blog explores who can serve papers in Ohio and what they can and cannot do.
Who Can Become a Process Server in Columbus, OH?
Ohio does not require process servers to obtain a license. However, there are specific qualifications for process servers, and they must comply with all relevant civil procedure rules and court regulations.
According to Rule 4.1 of the Ohio Civil Rules of Procedure, a process server for personal or residence service must meet the following requirements:
- Be at least 18 years old;
- Cannot be a party in the case, related to parties of the case, or have a financial interest in the outcome of the case;
- A citizen or legal resident of the United States;
- Have a valid government-issued driver’s license, passport, or identification card;
- Have no convictions in the last ten years for a felony, violent offense, or charges involving false statements or dishonesty;
- Not currently under probation, community control sanctions, parole, or post-release control;
- Not currently a respondent under a civil protection order;
- Familiar with the required procedure for service of process; and,
- A process server must conduct themselves in a professional manner.
Ohio Revised Code §311.22 gives courts and judges the authority to appoint someone to serve a specific order or process. Under the order, the person has the same power to execute the service as a sheriff.
Things a Process Server Cannot Do to Serve Papers in Ohio
A process server cannot engage in unethical or illegal actions when attempting to serve legal papers in Ohio.
Prohibited methods and actions include, but are not limited to:
- A server cannot force their way into a home or locked building (i.e., breaking and entering).
- Process servers cannot use harassment or threats to intimidate a person into opening a door or accepting papers.
- Legal papers cannot be left with a person under the age of 18 years.
- A server cannot impersonate a law enforcement officer or government official to gain access to a property or person.
- Process servers cannot block a vehicle or obstruct a person from entering or leaving a residence or business.
- A server cannot serve papers if they are involved in the case or have an interest in the outcome.
- Process servers cannot trespass on private property, such as entering a gated community without permission.
- Servers cannot hack into private accounts, such as accessing your social media accounts or email accounts.
- A server cannot use false pretenses to obtain information about the person being served or gain access to that person.
Process servers can be creative when serving papers. However, they cannot break the law or court rules. After service, process servers must complete a sworn statement of service stating the manner and date the papers were served. The sworn statement is returned to the clerk of court as proof of service. If the papers are not served, the process server must state why it was impossible to serve the person named in the action.
Consequences of Improper Service in Ohio
Process servers are generally professionals who have studied the rules and regulations governing the service of legal documents. They understand their responsibilities and the limitations on what they can and cannot do to serve papers in Columbus, OH. Unfortunately, mistakes and errors can happen, which can significantly impact a case.
If a process server violates Ohio law when serving papers, the service may be invalid. The person being served may have grounds for a dismissal based on insufficient service of process. If the court dismisses the case, the plaintiff would need to file a new case and serve the papers again.
Contact Atkins And Atkins, Attorneys At Law, LLC for a Free Consultation
Because improper service can jeopardize an entire case, working with knowledgeable attorneys and experienced process servers is essential to ensure compliance with Ohio law and to protect your legal rights from the very start.
If you need help or have questions about a case, call Atkins And Atkins, Attorneys At Law, LLC for a confidential consultation with a Columbus family law attorney. We handle matters related to divorce, child custody, property division, domestic violence, and other family-related issues.
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
