Who can legally serve papers?

In most states any 18+ adult who is not a party can serve papers. Some states require registration. Here are the rules and the practical pitfalls.

Every state has its own rule for who can legally serve papers. The common thread is: not the plaintiff, not the defendant, and someone who can be cross-examined if service is challenged.

Short answer

Almost every state allows any adult (18+) who is not a party to the action to serve papers. California, Texas, New York, and most others also require registration if the person serves more than a few papers per year for compensation. Federal cases (FRCP 4(c)) allow any non-party 18+ to serve.

State-by-state highlights

California (CCP §414.10 + BPC §22350)

Any non-party 18+ can serve
Anyone serving more than 10 papers/year for compensation must be a registered process server under BPC §22350
Sheriff, marshal, or registered server is the practical default

Texas (TRCP 103)

Any non-party 18+
Sheriff, constable, OR a person authorized by court order (in practice, certified civil process servers per JBCC rules)

New York (CPLR 308)

Sheriff, marshal, OR any non-party 18+
New York City requires special licensing for paid servers (NYC Admin Code §20-403)

Florida (Fla. Stat. §48.021)

Sheriff OR certified process server appointed by the chief judge of the circuit

Illinois (735 ILCS 5/2-202)

Sheriff or court-appointed special process server (judge approves on motion)

Why not the plaintiff

Every state prohibits the party who filed the lawsuit from serving the defendant. Reasons:

Conflict of interest. The party has a stake in claiming service happened
Cross-examination. A neutral server can be cross-examined without bias
Power dynamic. Especially in family law, requiring the plaintiff to physically deliver papers to their ex is unsafe and prone to confrontation

What "registered" means

Bonded. Most states require a surety bond ($2,000 in CA, varies elsewhere)
Identified. Registration number must appear on every proof of service
Trained. Some states require continuing education

Friends and family members can usually serve a few times a year without registering. For a paid server, registration is the norm.

Common mistakes

Serving your own ex / business partner / family member as a party. Always use a neutral third party.
Asking a minor to serve. Even if the recipient accepts, the proof of service will be set aside.
Hiring an unregistered server in a state that requires it. The proof of service can be invalidated and any judgment unwound.
Sheriff in counties that have stopped serving civil process. Many counties (LA, SF, Cook in IL) limit sheriff civil service; private servers are faster and cheaper.

What Servd does

Every server in the Servd network is registered under their state’s requirements (CCP §22350 in CA, equivalent elsewhere). $2M E&O insurance per server. 50-state coverage. Registration number auto-included on every proof of service.

Related guides

[What is process serving?](/guides/what-is-process-serving)
[California substitute service](/guides/california-substitute-service)
[California proof of service](/guides/california-proof-of-service)

This is not legal advice; consult an attorney for case-specific guidance.