Difference Between Sheriff and Process Server in Hawaii
Sheriff vs. Private Process Server in Hawaii
When it comes to serving legal documents in Hawaii, attorneys and litigants have two primary options: the Hawaii Sheriff Division, which is a division of the Department of Public Safety, and private process servers who operate as independent professionals or through process serving companies. Each option has its own advantages and disadvantages, and the best choice depends on the specific circumstances of the service assignment, the type of document being served, the urgency of the service, and the budget available. This guide provides a comprehensive comparison of the two options to help you make an informed decision about which service method is right for your case.
Understanding the differences between sheriff service and private process service is important because the choice can affect the speed, cost, and reliability of your document delivery. Both methods produce legally valid service when performed correctly, but they differ significantly in terms of turnaround time, flexibility, communication, and cost. Many experienced Hawaii attorneys use both methods, choosing sheriff service for certain types of documents and private process servers for others, depending on the needs of each particular case.
The Hawaii Sheriff Division
The Hawaii Sheriff Division operates under the Department of Public Safety and is responsible for providing security for the state judiciary, serving civil process, and executing court orders throughout the state. Sheriff deputies are law enforcement officers with the authority to carry firearms and make arrests, which gives them certain capabilities that private process servers do not have. For example, sheriff deputies can serve writs of execution, writs of possession, and other court orders that require law enforcement authority to enforce. When a landlord obtains a judgment for possession in an eviction case, it is the sheriff who executes the writ of possession and physically removes the tenant from the property if the tenant does not leave voluntarily.
The Sheriff Division maintains offices on all four major islands: Oahu, Maui, the Big Island, and Kauai. Civil process service is handled by the Sheriff Division's Civil Process Unit, which accepts service requests from attorneys and litigants and assigns them to deputies for execution. The process for submitting service requests involves delivering the documents to be served along with the appropriate fees to the Civil Process Unit, which then places the request in the queue for service by a deputy. This centralized intake process means that there is often a delay between when documents are submitted and when they are actually served, as the deputies must work through existing assignments before reaching new ones.
Sheriff Service Fees
The fees charged by the Hawaii Sheriff Division for civil process service are set by statute and are generally lower than the fees charged by private process servers. As of the current fee schedule, the Sheriff Division charges a base fee for each service request, with additional fees for multiple attempts and for service in remote locations. These fees must be paid in advance, typically by check or money order, and are non-refundable even if service is unsuccessful. While the lower cost is attractive to budget-conscious litigants, it is important to weigh this savings against the potential for slower turnaround and less personalized service.
It is worth noting that the Sheriff Division's fees do not include any skip tracing, surveillance, or stakeout services. If the person to be served is not at the address provided, the sheriff deputy will document the unsuccessful attempt and return the documents to the submitting party. Finding a new address or waiting for the person to be present is the responsibility of the attorney or litigant. This contrasts with private process servers, who often offer skip tracing and stakeout services as part of their overall service package, providing a more comprehensive solution for difficult service situations.
Private Process Servers in Hawaii
Private process servers in Hawaii operate as independent contractors or through process serving companies. Under HRCP Rule 4(c), any person who is at least 18 years old and not a party to the action may serve process in Hawaii. There is no state licensing requirement for process servers in Hawaii, which means that the qualifications and professionalism of private process servers can vary. However, established process serving companies like ours maintain high standards of training, professionalism, and reliability that often exceed the capabilities of the Sheriff Division for routine civil process service.
The primary advantages of using a private process server include faster turnaround times, more flexible scheduling, better communication, and a wider range of services. Private process servers typically begin working on service requests within hours of receiving them, rather than days or weeks. They can accommodate specific timing requests, such as serving at a particular time of day when the target is most likely to be present. They provide regular status updates and detailed reporting on each attempt. And they offer ancillary services like skip tracing, surveillance, and rush service that the Sheriff Division does not provide.
Turnaround Time Comparison
One of the most significant differences between sheriff service and private process service is the turnaround time. The Sheriff Division's Civil Process Unit handles a large volume of service requests with limited staffing, which means that routine service requests may sit in the queue for days or even weeks before a deputy is available to attempt service. During particularly busy periods, such as the end of the month when eviction notices are commonly filed, the wait time can be even longer. This delay can be problematic for attorneys working under tight court deadlines or for landlords who need to move quickly on eviction proceedings.
Private process servers, by contrast, typically make their first service attempt within one to two business days of receiving the documents, and same-day service is available for urgent matters. This faster turnaround can make a significant difference in time-sensitive cases, such as temporary restraining orders that must be served before a hearing date, or summons that need to be served within a specific statutory period. The ability to guarantee a service timeline is one of the primary reasons that attorneys prefer private process servers for most routine service assignments.
Communication and Accountability
Communication is another area where private process servers generally outperform the Sheriff Division. When you submit documents to the Sheriff Division, you typically do not receive updates on the status of the service until the documents are either served and the return of service is filed, or the documents are returned as unserveable. This lack of communication can be frustrating for attorneys who need to know whether service has been accomplished in order to plan their next steps in the case.
Private process servers offer a fundamentally different communication experience. Our team provides real-time status updates after every service attempt, detailed reports on what was observed at the service address, and proactive recommendations when service proves difficult. This level of communication allows attorneys to make informed decisions about how to proceed, whether that means authorizing additional attempts, approving a stakeout, or beginning the process of seeking alternative service through the court.
When to Use the Sheriff Division
Despite the advantages of private process servers, there are situations where the Sheriff Division is the appropriate or required choice. Some court orders can only be executed by law enforcement, including writs of possession, writs of execution, and orders for arrest. In these situations, the Sheriff Division is the only option. Additionally, some litigants, particularly self-represented parties with limited budgets, may prefer the lower cost of sheriff service even at the expense of slower turnaround time. And in certain sensitive situations, the presence of a uniformed law enforcement officer may be desirable for safety reasons.
Some attorneys also use the Sheriff Division as a backup when private process servers have been unable to accomplish service after multiple attempts. The authority of a uniformed sheriff deputy can sometimes succeed where a civilian process server has been unable to gain access, particularly when serving at secured buildings or in situations where the target has been actively avoiding service. In these cases, the sheriff's law enforcement authority can be a useful tool for accomplishing service that has proven difficult through other means.
Making the Right Choice for Your Case
The choice between sheriff service and private process service depends on your specific circumstances. For routine civil process service where time is not critical and budget is a primary concern, the Sheriff Division may be an adequate choice. For time-sensitive documents, complex service situations, or cases where communication and accountability are important, a private process server is generally the better option. Many experienced Hawaii attorneys maintain relationships with both the Sheriff Division and one or more private process servers, using each as appropriate depending on the needs of each particular case.
Our recommendation is to use private process servers for most routine service assignments and to reserve the Sheriff Division for situations where law enforcement authority is required or where the sheriff's presence may provide a strategic advantage. This approach maximizes the efficiency and reliability of your service while keeping costs reasonable. Whatever choice you make, the most important thing is that service is accomplished properly and in compliance with all applicable rules, because the validity of the service is what ultimately matters for the court and for your case.