I am in the process of trying to take someone to small claims court. I've filed the paperwork at the North Annex on August 15th. According to the paperwork I filed it should take 7-14 days. It is approaching 2 months and I have not been contacted by mail or phone. I called to find out if the gentlemen has been served. I called the court house I filed the papers and they informed me that my paperwork had been transferred to the downtown location. I called the downtown location and they told me it had not yet been served and that I should call the Marshall to find out why. They gave me a case number over the phone. I called the Marshall office who directed me to an individual Corp. who would be serving the papers in my area. I've left numerous messages for him and have not received a call back. I've also called his superior and left a message and he has not called me back either. When I finally reached Corp James he told me that he had been by the gentlemen's house four times and left his card and he is waiting for him to call back. He asked ME to find the gentlemen's schedule and or where he works. My question is, since I paid the fees associated with filing a claim, shouldn't that be something the Marshall have to do? If it does indeed fall under MY responsibilities, can I hire a Private Investigator and add the fees to the gentlemen that I am suing. Or, if the Marshall does not pursue this, can I just ask for a refund of my money?

I don't know where you are BUT, yes, you can hire a private process server (doesn't need to be a Licensed Private Investigator) to serve the person.

If you want the person served, then you have to cooperate with the Marshall. In my area after four attempts the file is marked "cannot be served" and goes back to Court. You then have to locate your own process server. Depending on where you are, the process server may or may not have to be licensed to do so.

And, yes, if you get a Judgment you will also be awarded reasonable Court costs/expenses/fees.