A process server surety bond is much like a licensing bond. The bond helps ensure that the process server will carry out their duties and deliver court documents to individuals in a timely manner and in accordance with the regulations of their city, county and state.
A $2,000 process server bond is required in order to register for and obtain a process server license, and it must be valid for the two-year term of the registration. The effective date of the bond and the date of the term of the registration must match.
Process server surety bonds are a legally-binding agreement between three parties:
- The obligee—the court or state department requiring the bond
- The principal—the process server
- The surety—the underwriter providing the bond
A surety bond is not an insurance policy. If the process server does not meet their contractual obligations, a claim may be filed against the bond. Violations of process server regulations can include mishandling documents entrusted to the process server or failing to carry out responsibilities due to personal interest in a court proceeding. The process server is liable for their own contractual obligations and must repay the surety bond for any damages incurred.
A process server surety bond should not be confused with an errors and omissions policy. Consult your insurance company for a more detailed explanation.
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