To request a U.S. Marshal to serve court papers in a federal case, you file Form USM-285 with the Marshals Service along with one copy of each document for every person or entity being served. Fees start at $8 per item for service by mail and $65 per hour for personal service, plus travel and out-of-pocket costs. If the court has granted you permission to proceed in forma pauperis, it must direct the Marshals Service to handle service for you; otherwise, you or your attorney can ask the court to order marshal service and the judge decides.
When the Court Will Assign a Marshal
Federal courts are required to order marshal service in two situations. The first is when a plaintiff has been granted leave to proceed in forma pauperis, meaning the court has waived filing fees because of financial hardship. In that case, the officers of the court must issue and serve all process.1Office of the Law Revision Counsel. 28 U.S.C. 1915 – Proceedings In Forma Pauperis The second is service for seamen filing under 28 U.S.C. ยง 1916.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons
Outside those categories, any plaintiff in a federal case can ask the court to order marshal service, and the judge has discretion to grant it. Courts are more likely to approve the request when personal service could be dangerous, when previous attempts by private servers have failed, or when a law enforcement presence seems necessary to keep the peace.
State marshals, constables, and sheriffs operate under their own state statutes, and the categories of cases they handle vary. If your case is in state court, ask the clerk which office handles civil process locally and what the request procedure is.
How to Fill Out and Submit Form USM-285
Form USM-285 is the standard control document for everything served by the U.S. Marshals Service.3U.S. Marshals Service. Service of Process You submit one copy of the form plus one copy of each document to be served, for every person or entity being served.
The form asks for:4U.S. Marshals Service. Process Receipt and Return (Form USM-285)
- Plaintiff and defendant names
- The court case number
- The type of process being served
- The name and address of the person or entity to be served
- Your own contact information for receiving the service notice
There is also a special instructions section, and it is worth using well. Business addresses, phone numbers, physical descriptions, and the best times to find the recipient all help the marshal locate the person and complete service faster. Skimping here is the most common reason routine service drags out.
If you are serving the United States government itself, submit two additional copies of the summons and complaint beyond the standard set.4U.S. Marshals Service. Process Receipt and Return (Form USM-285) Once the marshal’s office receives your paperwork, it reviews the submission and coordinates the actual delivery.
What Marshal Service Costs
The U.S. Marshals Service charges fees set by federal regulation:5eCFR. 28 CFR 0.114 – Fees for Services
- Service by mail: $8 per item
- Forwarding between Marshals Service offices: $8 per item
- Personal service: $65 per hour or any portion of an hour, per item, plus travel and out-of-pocket expenses
- Additional personnel when more than one marshal is needed: $65 per person per hour, plus travel and expenses
- Document copies: $0.10 per page
- Preparing a notice of sale, bill of sale, or marshal’s deed: $20 per item
- Seizing, maintaining, and disposing of attached property: actual expenses
An “item” means all documents in one action served simultaneously on one person, so a summons and complaint delivered together to a single defendant count as one item.
One detail catches many filers off guard: the Marshals Service collects these fees even when process is returned unserved, as long as service was attempted.5eCFR. 28 CFR 0.114 – Fees for Services You pay for the effort, not just successful delivery.
State-level fees for marshals, sheriffs, or constables vary by jurisdiction but generally run between $35 and $100 for standard service of a summons or subpoena, with additional charges for mileage. Check with your local court clerk for the exact figure.
What Documents a Marshal Will Serve
U.S. Marshals are authorized to execute all lawful writs, process, and orders issued under federal authority.6Office of the Law Revision Counsel. 28 U.S.C. 566 – Powers and Duties For fee purposes, the Marshals Service defines “process” to include summonses, complaints, subpoenas, writs, court orders, and the execution of court-ordered injunctions and civil commitments.5eCFR. 28 CFR 0.114 – Fees for Services That covers most of what appears in federal civil litigation.
Marshals also handle specialized items like writs of attachment, where a court orders property seized before a judgment is final. The clerk issues the writ under seal at a judge’s direction, and the marshal executes it according to the writ’s instructions and applicable state law.7U.S. Marshals Service. Writ of Attachment The requesting party may have to post an indemnity bond and an advance deposit to cover the marshal’s expenses.
How Long Service Takes
In federal court, you have 90 days after filing the complaint to complete service on the defendant. If the deadline passes without service, the court can dismiss the case without prejudice, either on the defendant’s motion or on its own, or order that service be completed within a new time frame.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons If you can show good cause for the delay, the court must grant an extension. The 90-day rule does not apply to service in a foreign country.
Actual turnaround varies. Routine service on a cooperative recipient at a known address may take a few days to a couple of weeks. When someone is actively avoiding service, or when the marshal has to coordinate across offices, expect several weeks. Detailed information in the special instructions section of Form USM-285 speeds things up considerably. Some courts offer expedited service for an additional fee in time-sensitive cases.
Proof of Service and the Marshal’s Advantage
After papers are delivered, the court needs proof that service happened. When a U.S. Marshal or deputy marshal completes service, no affidavit is required; the marshal’s own record is sufficient.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons Every other server, including private process servers and any adult non-party, has to file a sworn affidavit.
The marshal records what happened directly on the USM-285 form, which then becomes the official proof filed with the court. That built-in documentation is part of why marshal service is harder for a defendant to challenge on procedural grounds.
Marshal or Private Process Server
Under Rule 4, any person who is at least 18 years old and not a party to the lawsuit can deliver a summons and complaint.2Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons For most straightforward federal cases, a private process server is faster and cheaper than a marshal, and widely available.
A marshal earns the higher fee in the harder situations: a recipient who has dodged previous attempts, a secured building, a history of hostility, or documents like restraining orders where safety is a real concern. Marshals carry law enforcement authority, which changes how people respond to a knock at the door, and they know the procedural requirements well enough to reduce the risk of a technical service error that could unwind your case later.
If you qualify for in forma pauperis status, the choice is made for you and the court will direct the Marshals Service. Otherwise, weigh the cost and the difficulty of the specific defendant before filing the request.