Frequently Asked Questions
Process serving laws differ from state to state and these laws may change. In Utah process can be served by: Peace Officers, Sheriffs and Deputy Sheriffs, Constables and Deputy Constables, State-employed investigators who are authorized to serve papers, and Licensed Private Investigators. Strict restrictions and limitations are placed on any other person which may lead to complications and unnecessary delays in your case. It is advised that you use a professional process server agency such as Bringhurst Process Service to handle your case. We are properly licensed and our familiarity with the current laws and extensive experience will give you greater peace of mind.
Utah law requires that process be served by a person that is not a party to the action or the party’s attorney. Additionally, Utah law requires that only specific people, and/or that certain requirements are met by individuals who serve papers.
A process server delivers, or serves, legal documents that have been issued by the court. Most often, these documents are delivered to a Defendant in a case. Bringhurst Process Service (BPS) serves all documents by following the requirements of the laws and rules required by legislation and courts. Once a document has been served, BPS prepares an Affidavit of Service/Proof of Service. We provide a copy to the Plaintiff or Attorney, or if the case is filed in a Justice Court, we may send this Affidavit directly to the court clerk. BPS also provides basic skip tracing to help locate individuals that may have moved or cannot be found.
- In Utah, a process server does not need to be licensed. However, there are strict restrictions and limitations placed on process servers. They are not able to serve most type of actions and this may lead to complications, delays, and more importantly, the dismissal of your court case if not served properly. A paper may be served by a Private Investigator which does require licensing in Utah. Bringhurst Process Service only hires individuals that meet the requirements for this license and promptly assists these individuals in obtaining it. We also work directly with the Constable and Deputy Constables working for our parent company, All Pro Security.
Because Bringhurst Process Service (BPS) is a licensed Private Investigator Agency, we can serve all types of service in the State of Utah, including warrants. We also work directly with a Constable and Deputy Constable’s that have authority to serve all types of service and have the authority to arrest. Additional services we provide are:
- Court filing
- Electronically submitting Proofs of Service to assist attorneys with e-filing
- Notary Public
- Skip Tracing
- Contacting the court (if necessary) to extend court dates on difficult cases
For more information please refer to OUR SERVICES page.
Bringhurst Process Service provides service throughout the entire State of Utah. We routinely service Salt Lake, Utah, Davis, Weber, Washington, Summit, Cache and Box Elder Counties. All other counties throughout Utah are serviced intermittently.
You may hand deliver or mail your documents to our office or send them to us via email (printing charges may apply if over 20 pages). Additionally, we can send a runner to your law firm or office in Salt Lake County to pick-up your papers for a nominal fee.
Our fee starts at $55.00. The number of defendants, the number of addresses to attempt, and the area of service, the expedience of service will all cause this fee to change. Please refer to OUR PRICES page or call us at 801-561-4278 for details.
We require payment in advance and accept Visa, MasterCard and Discover Card. We will also accept a check. If you a client and you are in good standing, we can waive the prepayment requirement.
This is very hard to predict and timelines can vary from case to case. Under perfect conditions, the typical time to serve papers is 5-7 days. Sometimes, even sooner. It is important to understand that many variables effect turn-around-time such as: no one home, unusual work schedules, avoiding service, incorrect address, missing/wrong apartment number, etc. Bringhurst Process Service will make every reasonable effort to serve your papers timely, but just as importantly, in an accurate and professional manner.
Our standard price includes up to 6 attempts at a singe address. This includes day, evening, and weekend attempts. If we are unsuccessful after 6 attempts, we provide you with an affidavit of diligence outlining our attempts and their results.
This is a three-part answer.
1) In the State of Utah, attorneys must file the proof of service electronically and process servers do not have that authority. Bringhurst Process Service, however, will provide you with a digital copy (PDF) of the proof of service and email it to you. This will assist you in preparing the affidavit for e-filing.
2) If the case is filed out of a justice court in the State of Utah, we will send a copy of the proof of service to the court clerk.
3) If the case is from out of state, we will return the proof of service to you for filing at your local court in the proper manner.
Sometimes we cannot find the defendant to have them served, or we believe that the defendant is trying to avoid service. After using “reasonable diligence” to find the person, Bringhurst Process Service (BPS) will provide you with an affidavit of diligence that you can present to the court. With this affidavit, you can ask the court for permission to use “alternative service” by filing a Motion of alternative service. Utah law allows the judge to order various methods to notify someone of the lawsuit and BPS has been successful in fulfilling legal service through these methods and provides a very detailed proof of alternative service.
Utah law requires that when a lawsuit is filed with the court, the defendant must be notified the case by providing them with copies of all the papers and give time to respond to the complaint and prepare for a hearing if one is set. Utah also requires that process be served by a person that is not a party to the action or the party’s attorney. When papers cannot be served after “reasonable diligence” the court may authorize alternative service. The judge may approve one or more methods such as Certified mail, Text Messaging. Email, and Social Media. The court requires that detailed information and additional documentation accompany the Proof of Service. Bringhurst Process Service is proficient in these methods and very successful in achieving proper service by alterative means and meeting all court requirements.
- There are many methods that can be used to locate individuals. The internet is very useful in this endeavor. Many searches can be free, and many others are fee based. Bringhurst Process Service uses many methods that may help you if you are unsuccessful in your own search. This may include searching: Public record databases, Courthouse records, Postal tracers, Social Media platforms, and fee-based person searches. After locating the defendant, we send out our licensed Private Investigators to serve your documents. It is not always possible to locate a person. If this is the case, and after this additional and “reasonable diligence” to locate them, these skip tracing attempts can be added to our affidavit of diligence which can support your motion for service by alternative methods.
Bringhurst Process Service
60 E Claybourne Ave
Salt Lake City, Utah 84115