ServeNow Server Center

Inflation Conundrum: Should Process Servers Raise Their Prices?

2023-03-14T00:00:00-06:00

As inflation soars in the United States, recently reaching a 40-year high, businesses across all industries are raising rates to combat the influx in prices; for the process serving industry, the response to rising inflation is mixed as some fear being undercut by the competition and others consider it part of doing business.

Let’s explore some of the costs that process servers face, how inflation is affecting the industry, and whether process servers are raising their rates to deal with it.

Fuel Costs

Many process servers rely on a vehicle to take them from their office (whether a home office or location outside of the home) to the location for the service attempts. Undoubtedly, this impacts the process server’s profits. For process servers who work in a walkable city, fuel costs aren’t necessarily an issue — until the cost of public transportation is factored in. Certainly, a server could only take on serves that are within a reasonable walking distance, but some cases may require extra help to get from point A to point B in order to make various service attempts. For those driving for every serve, fuel costs become a more significant factor. Ultimately, process servers are faced with whether to raise their prices to account for extra costs resulting from fuel cost increases and other vehicle maintenance items or to absorb those costs and face lower profit margins.

Paper Costs

Believe it or not, the cost of paper has also felt the crunch of inflation, which impacts process servers as paper is another overhead cost. For process serving companies, it is necessary to print the summons and complaint that is served as well as a service affidavit or proof of service; those that offer court filing services may feel the effects of rising paper costs further if they are printing (and filing) additional documents. Last fall, paper producers across the globe noted price increases, with one even anticipating a 15-25% rise in costs for 2023, citing an inability to mitigate rising costs on their end. While e-filing does exist (and is required in some states), a notarized service affidavit, which requires a wet signature on a print copy to be stamped with a notary’s seal, will need to be printed on a physical piece of paper. Paper is a necessary part of service of process in most states.

Other Miscellaneous Overhead Costs

Running a process serving business comes with additional overhead costs, from process server insurance and licensing to technology and self-protection costs, such as body cameras, bulletproof vests, or other means of self-protection. Process servers also invest in different software to route their serves, geotag locations, track mileage, store photographs, and more, such as skip tracing databases to locate individuals. Labor shortages across all industries continue to affect business owners. While some aspects of a process serving business may not see a rise due to inflation, prices have been volatile with unexpected increases. For example, new vehicle prices have skyrocketed due to chip shortages. Other industries are still reeling from supply chain shortages due to COVID, despite a more recent return to normalcy. While price increases in this category may or may not have an effect, they are still costs that go into a process serving business and affect how a process server sets their rates.

To Raise or Not to Raise Process Server Rates

This all begs the question of whether or not process servers are currently raising or should raise their rates to maintain profitability as a response to inflation. When we asked the process serving community on Facebook if anyone was raising rates, the responses were mixed. While some reported increasing their prices, others stated that they were not. Some process servers institute a yearly price increase to account for rising costs regardless of the current financial climate, while others only increase when overhead costs begin significantly impacting profitability. Others charge what they believe to be their value and re-evaluate as conditions, such as years of experience, change. Ultimately, this is a choice that each business owner makes for their business, whether as an independent server or as the owner of a larger process serving company.

Join the Discussion

Is inflation impacting your business? Be sure to let us know! Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

Events for Process Servers in 2023

2023-01-09T00:00:00-07:00

With the new year upon us, many process servers are planning their yearly expenses and deciding what events they will attend. While not all events are published in advance, process servers can weigh their options of what’s available and make decisions about what events will be worthwhile for them.

Please contact us if your event isn't included in the following list of upcoming 2023 events for process servers!

Annual Association Events

Being familiar with and active in your local process serving community will help you keep a leg up on those who aren’t in-the-know. Process server associations are created to promote integrity, knowledge, and professionalism in the industry. Attend your state or local area association events to be apprised of new changes in legislation, local issues, and even upcoming technology.

APSA Annual Meeting

When: TBD 2023
The Arizona Process Server Association plans to hold an annual meeting in 2023, but exact details are to be determined. Please visit their website for more information.

CALSPRO 55th Annual Conference

When: September 22-24, 2023
The California Association of Legal Support Professionals will be holding a conference in September at the Hilton San Diego Bayfront.

More information

NYSPPSA 18th Annual Convention

When: November 5, 2023
The New York State Professional Process Servers Association will be holding a convention in November. They also offer comprehensive education and certification programs throughout the year.

More information

MAAPPS 14th Annual Conference

When: TBD 2023
Please visit the Mid-Atlantic Association of Professional Process Servers website for more information on the annual conference. The 13th annual conference was just held in December 2022, so look for this event in the latter half of 2023.

Brush Up on Training

Whether your state requires continued education for licensure or you just want to stay current and fresh on the skills needed to be an efficient, effective process server, you may want to check out these training sessions.

Florida Association of Professional Process Servers Training/Education Seminars

Please visit the FAPPS website for upcoming training sessions in 2023.

Inland NorthWest Private Investigators Association (INWPIA) Training

INWPIA offers continuing education courses and training throughout the year. Visit their website to learn more.

Process Server Training Session by PSACO

The Process Server Association of Colorado holds training sessions and certification courses throughout the year in person and via Zoom. Visit their events page to learn more.

Texas Process Servers Association

Since Texas has an educational requirement for licensure, the state association offers a number of training opportunities. Please visit their website for more information on upcoming sessions.

Please note that this list of events may not be exhaustive. Though we reached out to process server associations, this list of events includes only events we located through research and of which we were informed prior to publishing. Be sure to check back here and with your state association for the most current and updated information on upcoming events, training sessions, and meetings!

Join the Discussion

Do you have a process server event happening in 2023? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

When Should Process Servers Turn Down a Job?

2022-12-19T00:00:00-07:00

Process servers, who often work as contractors or operate their own process serving business, are usually looking for ways to find more work, not the opposite. While many are looking for process serving work, there are some occasions in which a process server can — and should — turn down a process serving job because it is simply not worth the pay. Keep reading to learn about these circumstances in which a process server would say no to a serve.

Non-Payment

No one should work for free, and when a client is not paying, a process server has every right to turn down future jobs. When asked what to do in these situations, process server Anthony Dunne commented, “Plain and simple. An email: pay your bill or I am done.” To avoid having to turn down jobs in the future due to nonpayment, many process servers require payment upfront to avoid issues with getting paid for their work.

Too Demanding

Let’s face it, there are clients who are very needy. They want to know what time a server starts their day, when they attempted service, what happened, why it wasn’t served if service couldn’t be effectuated on the first attempt, when they will be making the next attempt, and every other step along the way. While many process servers take pride in being communicative and open with their clients, some clients, especially those who are unfamiliar with the process, take advantage of this and interrupt the workflow, in some cases even inhibiting a process server from being able to do their job.

When a client or pro se customer begins logging more hours than the job is worth, it may be time to cut ties. Process server Sheila Krebs explained that she once had a client who was too demanding. She wrote him a letter and advised that “he should find a different, bigger company” that could better serve his needs. Krebs explained that the client did move on, but “One day, he let me know that he preferred me over the company he now had. I smiled and said I was too busy to add him back to my list.” Krebs’ experience shows that sometimes turning down one client can open the door to more profitable business.

Beyond A Server’s Ability

While most lawyers know the limits of what a process server can do, some pro se clients do not. Because process servers are not the police or a lawyer, there are certain actions that process servers cannot do. Process server Ron Rugen explained that an instance in which he would drop a client occurs, “Whenever someone representing themselves just takes too much time and is wanting you to serve as a legal advisor.”

If a client is expecting a process server to go outside their job capabilities, it might be in their best interest to drop the client. Of course, a server can advise them of what they can and cannot do, but in some cases, even that action may eat up too much time that a server could otherwise use to make service attempts. Additionally, there may be some cases where a client needs service effectuated where a process server (individually or their business) does not work or is not licensed to work; in those cases, the process server can either refer the job out to a server who is able to take it or turn it down to not jeopardize the service.

Personal Conflict

Let’s face it — there are some people in this world who simply get under another’s skin. While most professionals are able to put their differences aside to get the job done, there are some instances in which it interferes with the server’s ability to get the job done. When a client is causing stress, and interfering with a server’s ability to complete their job (or other jobs for that matter), it may be time to move on. Additionally, if a server is related to or a party to a case, they may not be able to legally serve process depending on the state’s laws. In those cases, it would be in the best interest of the process server to refer the job to someone else.

Too Busy

Some process servers are very successful, and as a result, they have a significant amount of work keeping them busy. However, serving process can sometimes be on a tight deadline. If a server is unable to complete a job in a timely manner, it is best if they turn down the job or refer it to a trusted colleague.

Instincts First

Every once in a while, a server may be presented with a job that triggers his or her instincts that it would not be safe to complete the job. Whether it is a dangerous defendant, a crime-laden area, or some other reason setting off mental alarm bells, no serve is worth personal endangerment. There will always be other jobs, so servers should not be afraid to pass on jobs in which they could be in danger.

Final Word: Make It Worth It

When (or if) a process server chooses to turn down a job, is solely up to their personal discretion why and how they say no. Some process servers recommend that others choose options that may soften the blow to the client. Process server Lee Fraser explained that “I have never ‘turned down’ a process serving job or client. I have priced myself out of jobs intentionally, though. You never know when a burned bridge by refusing work with one client will affect your ability to work for another. You have to remember [that] many attorneys went to law school together, may be friends, and travel in the same circles. While they are adversarial in court, they hang out and get drinks together when they get off the clock.”

In a similar sentiment, process server Jaqueline Balikowski offered that she doesn’t hesitate to say no when it’s not a good fit. She explained when those instances come up, which could include a client that is too demanding, a liability, or simply because the client is bothersome, she will “generally say something along the lines of ‘I don't think my firm is best suited to serve your needs. You will be better assisted by another firm.’ No additional explanation. I wish them the best and end the conversation.” She also offered that some clients warrant an increase in prices; if they stay, their work is easier to tolerate because she is paid accordingly, and if they find a new company, it isn’t a problem.

Overall, servers should know their worth, capabilities, and when it’s the right time to turn down a job.

Join the Discussion

When have you turned down a job? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

Things Process Servers Can Do When Business Is Slow

2022-12-05T00:00:00-07:00

Almost every industry faces tough or just regular slow times at one point or another, and the process serving industry is no different. While there are many posts on how to find new process serving clients and how to get started, what should process servers do when they don’t have papers to serve? Let’s explore some options.

Make Productive Use of Downtime

When it rains, it pours, so making use of downtime in a productive manner will be advantageous for process servers in the long run. Taking care of various “housekeeping” tasks will help ensure that things run smoothly when business does pick back up. Housekeeping items could include analyzing customer relationships to identify potential leads, filing business paperwork that piled up, getting tax documents together in advance of filings, and even simply cleaning up the office. It could also include finally spending time researching a new device, updating the business process serving website, trying out new routing apps, or investing in a new process serving software. Overall, making productive use of downtime can help business owners stay on top of work more easily during busy periods.

Review Business Numbers

A slow time is a great time to evaluate expenditures, revenue, client turnover and relationships, and more. If you aren’t keeping track of this information, a slow time can provide an excellent opportunity to start getting organized and poised for success. Process servers can check to make sure they are spending their dollars wisely, find areas where they could save money, and evaluate if there are monies that could be reinvested in the business to improve service. At the very least, process servers should have accounting software to keep track of your expenditures and revenue for the tax season. Taking the time to review and understand these important numbers, as well as to reach out to old and prospective customers, will help ensure the business is on solid footing in the present and for the future.

Get Connected to Old & Existing Clients

Process serving is obviously a service-related industry, but it’s also one that is a necessary service required by the courts, which offers some stability. With that said, process servers still need to be cognizant of their customer relationships as there are customers who will drop off for one reason or another. Using downtime to reach out to the one-off clients or old customers may help generate new business in the future. Reaching out to an old client may create a new business opportunity. Moreover, staying connected with past and current clients can help process servers double check their work to ensure they are providing the best quality of service for their clients. Checking in with current clients gives process servers the chance to find out about and address issues that they might not have otherwise had the opportunity to learn about — and it can prevent the client from going elsewhere for process service.

Advertise

New customers are important to secure, especially as there will always be some level of fluctuation with an existing client list. There are a number of reasons why an existing customer might stop using a business’s services; they may have only needed a one-time service, they may find a less expensive provider, they may be unhappy with some element of the service but not say anything, they may know someone getting into process serving, they may get out of the line of work altogether, or perhaps even some other reason. Creating a steady stream of new clients will help keep revenue coming in when times get slow. Process servers can use downtime to invest in advertising and marketing techniques, such as writing introduction letters to prospective clients or securing a listing with ServeNow are great options.

Recharge

Working at a breakneck pace can be exhausting, and it is not sustainable for long periods of time. Burnout affects all people when they are pushed to the limit for extended periods of time. Enduring long periods of stress can be harmful to an individual’s health. Process servers could make good use of downtime by taking time out to do the things they enjoy, relaxing, spending time with family and friends, or even taking care of their personal to-do list — all of which will help reduce stress and help a server better take on the busy days.

Downtime Isn’t A Bad Time!

Overall, downtime or slow periods in business are not necessarily a bad thing. Process servers can use this slower time to accomplish tasks, generate new business, and recharge.

Join the Discussion

What do you do with your downtime? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

How Process Servers Can Combat Rising Gas Prices

2022-05-09T00:00:00-06:00

Part of the daily work for a process server includes traveling to serve an individual important court documents. Not only are process servers letting them know that an individual needs to appear in court, but they are also delivering the summons and complaint, which means that they need to physically go to that individual, whether at home, work, or in a public place. In some cases where a person is difficult to locate, process servers are tasked with making multiple attempts to serve an individual. While some process servers work in locations where they can walk or use public transportation, many must drive to do their job — and that means they’re using more fuel. With fuel prices soaring, process servers are starting to think more about their bottom line and how they can mitigate the impact high fuel costs will have on their business.

1) Pass The Price

When process servers determine their overall service fee, they take into account their overhead, which for servers who are on the road, includes fuel costs. Whether the server charges an itemized fuel rate or rolls it into their overall service fee, servers from coast to coast are passing the price increase along to their customer, just as most businesses do when their overhead costs increase.

In Maryland, process server Brian McClernan advised that they have had to raise their rates some to account for the rising fuel costs. This sentiment was also echoed by California process server Robert Juarez, who said that clients are well aware of the rising fuel costs and the impact that has on the amount clients are charged. Process server Bob Deale advised that gas prices have affected everyone, both in and out of the process serving industry. He explained that process servers should regularly evaluate their rates and consider an increase because they will have gained experience and that it is not the lowest rate but the best service that brings in business. Out of Michigan, Neil Guttenberg expressed that process servers should not lose money because of rising costs. Similarly, in Washington, server Chris McCloy explained that like others in his area, they too raised their flat rate. McCloy added that they might have to reevaluate the current rate if gas rates keep climbing.

Overall, process servers need to ensure that the fees that they are charging are commensurate with the costs they incur to complete the job in order to have a profitable business model. This common-sense approach is one that many process servers have adopted.

2) Plan an Efficient Route

Unless a process server has accepted a rush service job that disrupts a daily plan, most servers route their day’s service attempts in advance. By mapping their routes out by address before they head out, they can plan an efficient route that requires driving fewer miles.

On Whidbey Island in the state of Washington, process server Everett Wardlaw explained, “As fuel prices have continued to skyrocket, I have acquired a more fuel-efficient car and gotten better at route planning, maximizing my routes North and South for maximum efficiency.”

Process servers can choose from a variety of GPS routing apps, like ServeManager, to route their attempts most efficiently. Not only does routing in advance save fuel, but it saves time as well. Additionally, when process servers plan their route in advance, they can include a stop to fuel up at a gas station that has lower prices.

3) Shop Around For Fuel

One thing that process servers can do to mitigate rising fuel costs is to shop around. As we mentioned, process servers who plan their route can choose to stop at a gas station that has a lower fuel price per gallon than other stations. Process servers can use apps like GasBuddy, Gas Guru, or Upside to find fuel prices in a designated location and use that to determine where to stop for fuel. While in some cases it may be a slight difference in price per gallon, in the overall grand scheme, those pennies will add up. Additionally, some gas stations offer fuel rewards, making it more attractive to fuel up with their brand because users are able to cash in on earned rewards at the pump. Similarly, some use a dedicated credit card for fuel purchases, which makes each dollar they spend go further. By shopping around for fuel, process servers can get more for their money and ensure that they are not paying more than they must.

4) Practice Smart Driving Habits

For most adults, how they drive is second nature. In a time when fuel prices are significantly affecting business, it may be time to reassess some habits. According to the US Department of Energy, idling a vehicle wastes gas and uses more gas than restarting it, so instead of leaving the car running, servers might be wise to turn it off while they make a service attempt. Additionally, driving at speeds over 50mph, driving with a heavy load, and driving on underinflated tires can all negatively affect fuel economy. By practicing smart driving habits, process servers can improve their fuel economy, resulting in having to buy less fuel over time.

5) Choosing a Fuel-Efficient or Electric Vehicle

While there’s no doubt that the used and new vehicle market is facing its own challenges with chip shortages and rising sticker prices, in the event that a server is in the market for a new vehicle, they might be wise to opt for a more fuel-efficient vehicle. Another option for servers with multiple vehicles is to use the most fuel-efficient vehicle available. Process server Don Womble said that he changed cars when gas prices began increasing, “To avoid having to raise my per-serve prices, I started driving my daughter's Mitsubishi. She gets 44 mpg versus the 20 mpg that my Nissan gets.” While getting a fuel-efficient vehicle won’t solve the problem of high fuel prices, it may help lower usage and improve fuel efficiency, which can provide beneficial fuel cost savings.

Serve Smartly and Save

While process servers can’t change the rates they have to pay for gas, they can implement some changes to their routine to make the sky-high gas rates not hit quite as hard. Interested in learning more about ServeManager to route your serves? Contact us today!

Join the Discussion

Did we miss any tips? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

How Concealed Carry Laws Affect Process Servers

2022-03-23T00:00:00-06:00

Process servers are tasked with a job that can be dangerous, and because of the sometimes threatening nature of the work, servers need ways to protect themselves. While legislation can help hold criminals accountable for assaulting a process server, as supported by the number of states that passed legislation creating stiffer punishments for those who are convicted of process server assault, it doesn’t do much to protect a process server who is actively being assaulted. The need for protection is ever-present, and process servers do everything from enrolling in self-defense classes to carrying both lethal and non-lethal forms of protection.

Last fall, Texas passed the Firearm Carry Act of 2021, which is commonly known as the Constitutional Carry law. The passing of this bill into law allows Texans to carry a concealed firearm without a license or permit provided they meet certain requirements. As more states pass various concealed carry laws, it creates a prime opportunity for process servers to consider how the ability to carry a concealed weapon could impact their job. Keep reading to learn about the benefits of concealed carry as well as some pitfalls that those considering carrying should know.

What Are Concealed Carry Laws?

The Second Amendment of the United States Constitution affords American citizens the right to bear arms; however, it has been the source of much debate throughout the country as to what extent and spirit of the amendment. Due to the disagreement regarding the meaning of the Second Amendment, lawmakers in various states have moved to pass laws that require documentation, background checks, education, and even a license or permit, among other things. Concealed carry laws allow legally eligible gun owners (eligibility differs from state to state but often involves a background check and/or some stipulations regarding criminal history and/or disqualifying limitations) over age 21 (though in some states, age 18, if the individual is an active duty or retired military member) to carry a concealed firearm. Some states require a license to do so, but other states, like Texas, do not require a license or permit to carry a concealed weapon.

Why Carry a Firearm While Serving

Unfortunately in many cases, process servers are bringing unwanted bad news to an individual; they are providing notice that the person is being sued, whether for debt, divorce, or some other reason, it is often news that an individual is not happy to receive. This can result in tempers flaring and being taken out on the messenger — the process server. The volume of cases of assault on a process server is prolific and widespread. This occurs so frequently that in addition to ServeNow’s PAAPRS campaign, Don’t Shoot the Messenger”, there is also a database that makes servers aware of dangerous addresses. The database, called Erin's List, was established to help protect other servers and in honor of Erin McCleskey, a process server who died while attempting to serve process.

There is an element of danger that is always lurking but that does not always come to fruition. While many defendants receive papers without issue, there are those who will attempt to avoid the serve, brandish their own weapon, attack the server, or worse. Furthermore, process servers also have to deal with dangerous animals while on the job. It is no surprise that process servers often look for ways to stay safe while serving papers.

For process servers who serve in crime-laden areas or those who just want to be able to defend themselves in any unforeseen situation, carrying a firearm (where legal) may provide them with the level of self-protection that they desire. A firearm can stop an attacker from attacking, whereas non-deadly forms of self protection, such as mace, body cameras, and/or other weapons may not do the job.

Additionally, openly carrying a weapon may be a deterrent to would-be criminals. If a defendant sees that the process server is carrying a firearm, he or she may think twice before letting their anger get out of control. Obviously, if the weapon is concealed from the defendant, the deterrent aspect would be moot; however, when brandished it may stop the situation from escalating.

Responsibility of Carrying

The choice to carry a firearm comes with great responsibility. A lack of familiarity with the weapon could result in disastrous, even deadly, repercussions, so it is imperative that those who choose to carry know their weapon and how to use it. Being proficient with the weapon and knowing standard gun safety are absolute musts to keep everyone safe from intentional or unintentional harm, on or off the clock, as it is simply a part of responsible gun ownership. This is something that at times is overlooked by those unfamiliar with carrying a deadly weapon but who are desperate to keep themselves safe.

Jessica Saucedo, TxAPPS Administrator advised, “Process servers need to be aware of the laws for those who choose to carry, in addition to laws that protect armed property owners. Our experience is that most Texans love their guns; the same for the Texas process server community. What better way to promote firearm safety and awareness than to practice shooting? If practice makes perfect, we want any process servers who do carry weapons to be a perfect shot, for sure!”

Just prior to the start of the pandemic, TxAPPS was working on a legal fundraising event, Shoot for Legislation, for the group to be able to lobby effectively. Though this has been delayed, check the TxAPPS website for more information and a potential reschedule date.

Process servers should also be cognizant of their state’s laws, as well as any rules put in place by their employer. In 2020, several companies instituted a ban on carrying a weapon while serving, and those who disobeyed the rule could face termination.

Where Legal & Allowed, Your Choice

Ultimately, choosing to carry or not to carry is up to the server, state laws, and the company for which the server works (where applicable). If carrying a firearm is not something a server wishes to do, alternative self-protection options exist, as well as de-escalation methods, which can protect a server from harm. Check out this video to learn more about process server assault and how servers can protect themselves.

Join the Discussion

Do you have experience with drop serves? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

The Pros and Cons of Wearing a Process Server Badge

2021-10-18T00:00:00-06:00

In the process serving industry, there isn’t a set uniform to get the job done, and many opt for street clothes or business casual attire. With that said, how do process servers show that they are a professional when there is otherwise nothing to distinguish them from an everyday person? One option that distinguishes a person as a process server is to wear a badge. While some states require process servers to wear a badge, other states prohibit wearing a badge. In other states, badges are optional. Where there is a choice, process servers who are starting out may question whether or not they should wear a process server badge. While Serve Now doesn’t have an official stance, we reached out to servers across the country and assembled some of the different viewpoints. Let’s review some of the benefits and drawbacks to wearing a badge.

Pros

Wearing a badge not only identifies your job, it also comes with some added benefits. Let's dive into the reasons why you should consider wearing a process server badge.

Safety & Security

Wearing a process server badge can relieve fears of those who are uncertain who is knocking at their door. This can be helpful in neighborhoods where inhabitants are suspicious of outsiders or in situations where gatekeepers want to be sure they are letting in the right people. While the badge itself won’t necessarily protect a server, it can be helpful in preventing a situation from turning dangerous.

Tennessee server Chris Lake offered “We are sworn in my county, so we get one if we want one. Iit states clearly who and what I am. I find that it helps especially in rural areas or bad neighborhoods at night.”

In Detroit, Michigan, server Jerome Nickols advised that he wears a process server badge to identify himself: “I wear one for identification purposes, safety, legitimacy of my job and the reason I am there! I am not attempting to impersonate or imitate law enforcement. I've been wearing one for 11 of the 13 years that I've been serving. In and around Detroit, you better have something to identify why you’re at someone's house asking questions.”

Similarly, process server Nathan Moose acknowledged that “Service in bad neighborhoods in Chicago practically require a badge, body armour, and even a gun. And when that serve is in a Gold Coast highrise, a badge is a good way of getting past a doorman. Granted, these are situation/state specific and a badge can cause problems in other situations.”

Professional Identification

Some process servers simply like that wearing a badge identifies them and makes it clear they are there to do an important job. The courts have charged the servers with carrying out this duty, and as such, the badge is reflective of that. Here’s what servers had to say:

Process Server Gregory Allen Carithers explained how he wears his: “I wear mine in a passport holder around neck with Lanyard. I slide my phone in the front pocket and get the best video you can get. It works great for letting people know who I am and why I am there.”

On another note, process server Dustin Patton advised that it is important for process servers to acknowledge the legal authority bestowed upon servers. He said, “Fortunately, we do have some authority because we are there on behalf of the court. That's why we can go on the property even when they have no trespassing signs.”

Better Access

Process servers indicated that one of the top reasons for wearing a badge is that it can provide quicker access to places that would otherwise be more difficult to access.

Process server Willymae Williams doesn’t regularly wear a badge, but said that there are occasions in which it helps: “I only wear a badge of any sort when I'm going to a leasing office at the apartment complex.”

California server Robert Juarez also echoed a similar sentiment regarding access: “I have wallet and clip on badges. In all honesty, it's never been an issue with those I served. In California, the penal and civil codes protect registered California process servers, so ID and badges are allowed. Certified California process servers can trespass, enter secure buildings and apartments without violating laws.”

Chris Lake also explained, “It also helps in some places where "No Trespassing" signs are posted. We can [ignore the signs] here in Tennessee so long as we are not asked to leave. [It] helps at apartment complex management offices where they don't want to share information with just anyone, and it helps me move through the courthouse security a lot faster.”

A Wilcorp process server out of St. Louis said that badges are advantageous “when serving documents on someone located at banks, hospitals, prisons, jails, or out in the country where they will shoot you and claim they didn’t know who you are—or on a police officer at work.”

Networking

Another benefit of wearing a badge is that it can create a conversation starter. Solidifying a reliable network can not only provide friendship but a positive working relationship as well.

Server Johnny Sanchez explained that he wears a badge and the positive result he got from doing so: “I keep mine on my person at all times while serving in San Diego California. I’ve never had an issue. In fact, my fellow brothers in blue at the court house noticed it and sparked up a convo; now we’ve been good friends for years.”

Try the Top-Rated Process Server Software

ServeManager is the only software you’ll ever need to run a successful process serving business. Create your account in less than a minute and jumpstart your business today. Start your free trial (no credit card required)

Cons

While there are a number of benefits to wearing a badge, there are some things that may detract an individual from wearing one. Process servers sounded off on a variety of reasons why wearing a badge isn’t always the best choice for them.

Mistaken Identity

Unfortunately, anti-police rhetoric in some parts of the country has made the occupation more dangerous. By wearing a badge, the general public may confuse a process server with a police officer thereby causing misdirected anger at a server. Several process servers spoke out and added that this was a reason why they did not wear a process server badge.

Los Angeles, California process server Carlos Meija stated, “I see some process servers wearing one. Not my thing especially with the anti-cop rhetoric—it makes it more dangerous to serve papers.”

Process server Dustin Patton said that he faces instances where he is mistaken for police: “A lot of people associate me with the police by just saying I have a summons—and that is without showing a badge.”

While server Chris Lake out of Tennessee is a proponent of wearing a badge, she did express caution that having one is not a free-for-all: “You have to have some sense about having one. If you have an evader, it’s a big shiny announcement about who you are. It can also make you a target because some folks just flat out don't like folks with badges. I’m proud of my badge in that it signifies the trust that our court and the people of Tennessee have put in me.”

Eliminates Element of Surprise

For some process servers, the element of surprise is critical in serving hard-to-locate targets. Wearing a badge announces the process server’s presence and may result in the defendant evading service of process.

Process server Neil Guttenberg explains: “My best tool is dressing to blend in and the element of surprise. I'd rather have that than a badge.”

Simon Rolfe added that it is beneficial for process servers to avoid standing out: “At our firm At Your Service, a full service Process Serving and Legal Services firm operating in Ottawa, we prefer to not draw any added attention to a situation. Our servers are typically dressed casually so as not to draw added attention to ourselves at a target's residence or place of work when we are out on a job. In our experience, we find that in most situations, this approach works well.”

Badge or No Badge: Your Choice

Ultimately, whether or not you choose to wear a process server badge is personal preference unless it is dictated by law. The most important thing for all process servers to keep in mind is their personal safety while on the job and adhere to the Rules of Civil Procedure.

Join the Discussion

Have you gone through process server training of any kind? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

5 Reasons Every Process Server Needs A Website

2021-09-21T00:00:00-06:00

For process servers new and old, many wonder if there is any value in having a process server website. For the most part, process servers typically acquire work from larger process serving companies, law firms, networks, other companies, and individuals (also known as pro se work), and as such, it might seem that they would not need a website to get business. While this may be true, there are a number of benefits to having one that should be considered by process servers who are looking to maintain and grow their business. Let’s explore why process servers need a website and the benefits of having one.

Increase Visibility

A website provides an opportunity to reach potential customers who are searching online for the services you offer. But not all websites are created equal. A website must be optimized for SEO (search engine optimization) and conversions to be successful. If you have good SEO, you can attract more traffic and get more opportunities to convert potential customers. If you’re unfamiliar with the strategies and techniques required to optimize a website’s SEO, worry not. Our team of experts can help.

Look Reputable

Whether you’re seeking work from law firms or individuals, most potential clients are going to want to check your company out to see if your business looks reputable before making a call to inquire about services. Most will head online to look for reviews and see the services you offer. If you don’t have a website, they may not be able to learn enough about your business and look elsewhere. When you do have a website, not only can you increase the positive perception of your business, you can showcase client testimonials to increase your credibility and the likelihood that a potential client will send you work.

Receive Case Information and Accept Payment

A website is a great way to make the entire buying process easier for both you and your client. With a streamlined website, process servers don’t need to meet clients in person anymore. You can add a job intake form to your website so the client can input their case information. There are also payment processors (such as PayPal and Square) with links, buy buttons, and integrations that you can add to your website to accept credit card payments. ServeManager also has an option for accepting online payment with a website order form. Clients can easily submit their case information, upload services documents, and pay directly through your website. The days of waiting for a check in the mail are over. When you have these easy options available, potential clients are more likely to go with you over a competitor.

Stay Competitive and Showcase Your Brand

If a potential client isn’t looking at your website, they’re likely looking at a competitor’s website. By having a strong website, you can be competitive and not lose out on business that you could have gotten had you created a great website. Furthermore, having a website sets you apart from your competitors because it allows you to showcase your brand. Tell the world who you are, what your priorities are—for example, that you are focused on customer service, having a large service area, providing value-added services like court filing, or competitive pricing)—and establish your presence online.

Keep Terms and Service Area Clear

Your website doesn’t have to be complicated, but having a website that has a basic list of services, clear pricing, and information regarding your office hours and service area will go a long way toward gaining new clients. You'll also be able to direct people to your website if they have questions about what you do or where you serve.

Verdict: You Should Have a Process Server Website

The bottom line is that in today’s day and age, process servers need to have a website. Potential clients turn to the internet and expect to get the information they need, without having to make a phone call. If you’d like a custom website that will help you convert new clients, contact us today. We have completed hundreds of websites for process servers across the country. Check out some examples of our websites, and if you like what you see, we’ll get you up and running in no time.

How to Serve Process on a Business

2021-08-19T00:00:00-06:00

When people think of parties to a lawsuit, many people first think of individuals as being part of the lawsuit, such as in cases of divorce. Although lawsuits in which other individuals are sued are commonplace, there are times when a business is named in a lawsuit. Lawsuits that involve businesses can range from anything from slip-and-fall lawsuits to, well, pretty much anything a business could be sued for (e.g, McDonald’s hot coffee lawsuit). Just as individuals are afforded their right to due process, which gives them due notification of the impending court proceedings, a business must also be afforded their right to due process. But what does this mean for a process server? Can he or she serve anyone at the business? Are there special procedures for serving process on a business? Let’s first look into the different types of businesses and who gets served at each type, and finally, how service can be effectuated.

Types of Businesses to Be Served

Not all businesses are the same in terms of their structure or classification. The type of business that will be served will affect who in the business gets served. In most cases, the process server will not be able to serve just any individual who works at the business, like a cashier or office manager — they will need to serve an owner or partner in order for the service to be accepted by the court.

Small Businesses

There are a couple different types of small businesses that dictate who at the business gets served. An individual can operate their business independently as a sole proprietor, and in those instances, that is the person (the individual business owner) who would be served. In a partnership, a partner who operates the business would be the individual served.

Larger Businesses

When it comes to larger businesses, including corporations, limited partnerships, and limited liability companies (LLC), the business is required to have a registered agent. In short and with specific regard to service of process, a registered agent is someone who is registered with the secretary of state as the individual on record who is available to accept service of process. The reason this is required is that larger businesses often have multiple locations, some even out of state, which can make finding the business owner or partner a difficult task. Having a registered agent makes service of process easier.

Try the Top-Rated Process Server Software

Preparing To Serve

Once you have identified who is the appropriate representative to be served, the process server would then prepare to effectuate service as dictated by the court and/or client. Before taking a job, a process server should be aware of the local and state laws regarding process service, as violating any of those rules could result in the service not being accepted by the court. With that said, prior to actually making the serve, the process server should review any specific instructions provided by the client, double-check their procedure to ensure they will be making attempts in accordance with the laws, and ensure they have the appropriate safety precautions in place. Safety precautions include knowing the location the server will be attempting service, and if it is in a dangerous area, taking the appropriate precautions to ensure they are safe while on the job.

How to Serve Process

Just as a server would make service attempts on any individual, process servers should follow best practices for service of process and ensure they are following the instructions set forth by the client. Typically, this includes properly documenting the serve by paying attention to pertinent details and/or securing video by way of a body camera, as well as making the required number of service attempts (and, if dictated by the client, varied attempts with regard to time and day). It is important to pay attention to details about the service so it can be documented later. This includes the time and date of service, identity and physical description of who was served, where specifically the service occurred, the manner in which the individual was served (substitute, person, etc.) and any other details that need to be noted for the client and the court. These details should be noted on the affidavit of service, which is then notarized and returned to the client and/or court on the client’s behalf. Not sure what the affidavit of service is? Check out this step-by-step explanation to learn how to properly complete one.

After The Serve

Many process servers offer court filing as an additional service. This involves filing the service affidavit and other important documents with the appropriate court on behalf of the client. If the server has agreed to file these documents, he or she must do so within the time period specified by the court, which can be as short as a day, depending on the circumstances and the court. Even if the service is good, improperly filed or documents not filed on time can render the service incomplete and not accepted by the court. If the client is responsible for filing the documents, the server must have the affidavit notarized and returned to the client in a timely fashion specified by the client.

Need to Find a Server?

Overall, serving a business is typically no different than serving an individual. If you need to find a process server to serve a business, you can find one in our directory of process servers.

Join the Discussion

Do you have experience with drop serves? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

Examining the Mo Brooks Process Service Incident

2021-07-06T00:00:00-06:00

Making national news, Alabama congressman Mo Brooks claimed that a process server "illegally entered" his home and intimidated his wife as she returned from worship. The headlines caught the attention of those within the process serving community, with many debating the efficacy and legality of the service. The process server was slapped with a lawsuit by Mo Brooks and a warrant was issued for his arrest for trespassing on the congressman’s property.

What Happened?

A process server was hired to serve U.S. Representative Mo Brooks with court documents notifying him of an impending lawsuit. The process server went to the Brooks’ residence to effectuate service. In doing so, the Brooks allege that the process server trespassed by entering into the attached garage of the Brooks’ home to serve Mo Brooks’ wife, Martha, with the court documents. They further allege, reports say, that the process server intimidated Martha Brooks as she was coming home from worship. On the other side, there are reports that the process server had unsuccessfully been able to serve the Congressman after multiple attempts indicating that the Congressman had been avoiding service, which he appears to deny. Video of the incident was recorded by security cameras and shows the process server passing over the garage door threshold.

The incident resulted in the Congressman’s wife filing a police report against the process server for trespassing when he served the court documents. In Alabama, this degree of criminal trespass is a misdemeanor. The warrant would only be issued if a magistrate felt a warrant was necessary after hearing the victim’s case. Ultimately, a warrant for the process server who served Martha Brooks was issued for illegal trespassing. If convicted, the misdemeanor could result in a fine and jail time. The matter is ongoing.

Serving & Trespassing

Process servers frequently run into claims of trespassing when attempting to serve an individual—sometimes with merit, and of course, there are other times the claims are without merit. The bottom line is that process servers must conduct their own due diligence with regard to being informed about local trespassing laws, and they must abide by them.

There are states that have passed laws specific to trespassing. However, it is important that the process server knows the legislation (for example, in some cases, it may only be related to a specific circumstance, such as allowing access in a gated community or impunity from trespassing on the property but does not allow entrance into an individual’s home). Additionally, there are other measures that process servers can take to ensure they are not putting themselves in harm's way or making themselves liable. Not doing so could result in criminal trespassing charges and/or being sued, which is what has occurred in the Mo Brooks process service situation.

Try the Top-Rated Process Server Software

Drop Service & Substitute Service

Drop service occurs when an individual to be served is identified but does not physically accept the service. In those instances, and where allowable by the client and the law, the process server could complete the service on the Congressman by drop service. However, in discussions in the process serving community online, there was debate regarding substitute service being combined with drop-service; this would mean that the drop service would have needed to be done on the Congressman himself and not his wife. Further debate erupted over whether the state laws would even be applicable as the documents being served were from a federal court. According to the Federal Rules of Civil Procedure, Rule 4, the federal rules would apply. Many process servers brought up the pros and cons of drop service and how it could have affected the outcome of this particular situation.

Stay Safe, Stay Smart, Stay Respectful

At the end of the day, process servers are simply trying to do a job. It is important that process servers stay educated and aware of state laws and the Federal Rules of Civil Procedure. Even when faced with a difficult serve, such as with an individual avoiding service, process servers should still maintain respect and keep themselves out of harm’s way— and liability. The Mo Brooks process service incident should be a reminder to all process servers to brush up on both their state’s laws as well as the FRCP to ensure they are doing their job correctly and in accordance with all applicable laws. Process servers can learn more about becoming a process server and what information they should review by visiting the general resources available on ServeNow.com.

Join the Discussion

Do you have experience with drop serves? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

Decoding the Concept of Drop Serves

2021-05-13T00:00:00-06:00

In the process serving industry, there are a number of ways in which a process server can effectuate service. While personal service is the most common (and most preferred by the courts), Process servers occasionally find themselves in a position in which they have identified the individual to be served, but that person won’t accept the documents. What does a process server do? How do they complete the job? In some cases, drop service will work. But before a server uses drop service, there are a couple of things to keep in mind. Learn more about drop serves and when you can use this tactic below.

What is a drop serve?

Drop service is quite literally when the papers are placed at the feet of an individual to be served, especially in cases in which the defendant refuses to accept the service. This type of service is sometimes called “service by refusal,” but it should not be confused with other types of service, such as posting or publication.

One discrepancy that New York process server Jacqueline Leah Balikowski noted is that sometimes servers think that they can tape the service to the door and have it work as drop service. She advised, “Tape is not drop — it's actually another type of service. Drop is personal delivery. Drop, announce, and move on. No tape.” Similarly, process server Simon Rolfe also advised, “And remember kids, a 'nail and bail' is not a drop service.”

While some may be uncertain as to exactly what “drop service” means, it is clearly spelled out in Spector vs. Berman: “The defendant refused to open the doors, although he conversed with the process server, who told him that he was putting the process through the mail slot. The defendant's conduct was of the affirmative evasive character condemned in McDonald v. Ames Supply Co. (supra), and it is clear that he was engaged in a deliberate course of evasion intended to frustrate resolution of the legal dispute the plaintiff was attempting to initiate. The defendant did not acquire an immunity from the Bossuk principle simply because there were two doors and some steps involved. We conclude, as Special Term did, that service was properly made. Lazer, J.P., Rubin, Lawrence and Kooper, JJ., concur.” For the purposes of this article, this is the definition of drop service that we will be focusing on.

When can a server drop serve?

It is important for all process servers to be cognizant of the specific laws and rules that apply locally and in their state or territory as drop service is prohibited in some areas. Drop service, although utilized by process servers all over the country at some point in their career, is not something that is considered a standard, regular type of service in all states in the United States or around the world. In hearing from different process servers, it becomes very apparent how varied the rules are.

Process server Simon Rolfe explains, “Despite what some may think 'drop service' or a 'drop serve' at least in our firm's experience, is not all that common. So ahead of discussing this type of situation, one should realize that we each work in different jurisdictions and the rules may also vary from location to location. In Ontario, Canada, where our firm At Your Service is located, drop service is acceptable as a legitimate service method; however, if you should find yourself with a drop serve service, your affidavit of service should be extremely well-detailed and backed by a number of 'exhibits,' each strengthening the points detailed in your affidavit. Body cam footage, photos, and witness collaboration of facts are all ideal in fortifying the details in your affidavit. Here, a target does not have to accept documents or touch the documents to affect the service; merely, [the target should] be aware that we were there to deliver the documents in person. If they refuse service, we simply drop the documents at their feet, snap a photo, and then leave the site/location.”

This sentiment regarding the regularity was echoed by a United States process server Ron Link, who serves in Florida: “Drop service is the last resort. Frowned upon unless [there is a] good reason.” He also advised that being served personally meant being “served in the hand of the individual named in the paperwork.”

With that said, servers in other states disagreed, acknowledging that in some areas, drop service is as good as personal service. Steve Hutson, who serves out of California, explained, “In hand, at their feet, it's personal service either way.”

Similarly, Server Christian Jeffery of ASAP Process & Courier out of Charlottesville, Virginia advised: “Drop service is just personal service or substitute service. There is no reason to mention to anyone that it was ‘drop served.’ If you positively ID the person you are serving and they do not want to touch the papers, they are still served! We treat it like any other serve.”

Try the Top-Rated Process Server Software

Tony Easterling out of California offered that there are certain types of serves in which drop service is allowed. He further added that “Drop serves are my favorite [along with] small claims. No fuss. When making a drop serve, get the name and description of the person you handed the documents to, the time, and address. Of course, if there is no one available to take the documents, make sure to get a picture, time, and address, and the reason the documents were left.” Easterling also acknowledged that if no one is there to physically accept the documents, or if the facility is closed, that he is able to drop serve the documents. This differed drastically from the experiences that process servers in other states were used to having, as many servers work with the definition that a drop serve means that the individual to be served walks away without taking the documents.

Process server Chris Wilkinson offered that “you should also note that drop service isn't ok for debt collection or Federal service.”

Despite any process server’s personal experience, it is always up to the process server to conduct due diligence and ensure what is legally allowed in their state. In areas where drop service is legally allowed, a process server should take care to heed the client and judge’s requirements, as not following those will surely result in bad service.

What NOT to do

Although process service is overtly dramatized on TV or in movies, the best practices do not involve dramatically throwing legal documents at an individual to be served. Process server Joseph Reeves offered an excellent tip that protects the server and could prevent legal issues — both for the serve itself and for the process server: “Take care to only place the papers on the ground in front of the respondent in plain view. No need to toss the papers or attempt to touch the respondent. That could result in an assault charge. Also, when leaving the area keep the respondent in view, i.e. don't turn your back on him/her.”

Process server Gloria Walton Miller cautioned process servers when making drop serves: “You lay the papers down and let them know you are leaving the papers. Don’t fling them across the fence or on the hood of their car or into their car! Think about damage and assault!”

Process servers should take care to not leave out the fact that service ended up as a drop serve on the affidavit. ROC Paper Service advised, “Make sure you add your notes to the affidavit itself ... a "drop serve" without a good story behind it probably is more likely to get tossed out than one where the Judge can ask the Respondent, ‘Did you really tell the process server that he'd better get off your porch before you come out swinging’?” By providing a solid affidavit, process servers can avoid having their service challenged in court, which could impact their reputation as a quality server if their service is quashed.

At the end of the day, process servers should directly heed the judge’s orders, as process server Steele Shepherd advised: “Read what the order is from the judge and only do that.”

Tips to keep in mind

Drop service is a type of service that is both loved and loathed by process servers. While it might be easy to drop serve an individual, there could be potential problems down the road, causing a headache for servers. Problems could include not having enough information for the client resulting in having service challenged, or even worse, deemed improper, which could be detrimental to a process server’s business.

As process server Mark Rauss cautioned, “First and foremost make sure that your locality allows this type of service. If you receive a paper from out of state and are not sure about that state’s rules, ask the sender. Beyond that, documentation is important, so make sure you note what happened; descriptions, etc. This type of service is likely the most challenged.”

Positive identification is critical, and the court will want to verify how the server knew they drop-served the right individual. Process server Ron Link offered, “Here in Florida, you have to see the person inside and identify him as the person or spouse of the person you are trying to serve. Facebook is a great tool to get pictures before you attempt.” This advice was echoed by other process servers, especially since many people willingly share pictures of themselves on social media.

A server from ROC Paper Service also encouraged, “GPS date and time-stamped photos are SOP [standard operating procedure]!”

Process servers from all over the country sounded off on this topic, offering solid advice to new servers who might be inexperienced with this type of serve. Process server Mary-Margaret O'Brien explained how she handles drop serves, saying, “If we have a photo of the subject and they deny who they are and refuse to take the papers, we'll do a ‘drop,’ announce service and include the info in the proof. If [we have] no photo, but the person matches the description of the subject and refuses to take the papers, then we say, ‘Unless you can show an ID that says you're NOT John Doe, we've been instructed to leave the papers with you!’ Then we prove it as a ‘John Doe, co-occupant’ service.”

Process server Julie Schneck also advised process servers to always keep in mind the basics. She explained that process servers should take extra care: “Making sure it is accepted as good service in your state is first and foremost. Making sure to identify the person or that they live there. Always advise they are being drop served.”

Ensuring that the subject to be served is aware of the drop service seemed to be a common theme among the advice given by experienced process servers. Process server Jeff Brueggeman gave the following tip: “Take a picture of the drop serve if you can. Not always possible. Sometimes they get upset and you must leave quickly. By the way, I always inform the party that they have been served when I do a drop serve. Nicely, but I tell them.”

Server William Edward Hampton echoed the same sentiment: “Always let them know.” in reference to advising an individual who is being served by drop service that they have been officially served.

Other process servers concurred with this advice but also encouraged the use of technology. Process server Chris Wilkinson affirmed that “A body cam eliminates that problem” in reference to having someone not be aware that they are being drop served. The body camera captures the event including the verbal exchange, which is crucial in the event service is challenged.

Finally, Wyllymae Williams offered that a “Detailed affidavit should accompany a drop serve, even if you don't file it back with the court. Or keep a copy in case it's questioned”

Overall, it’s clear that process servers should always:

Ensure drop service is an acceptable method of service according to the rules in their specific location.
Conduct due diligence to ensure that the right person is being served.
Advise the individual that they are being served by the method of drop service.
Utilize technology such as body cameras, photos, and GPS to capture visual/geographical evidence of the serve.
Create a detailed service affidavit that includes all of the details needed to confirm the individual (description thereof), date and time, whereabouts, and other pertinent details about the location and effectuation of service.

Want to learn more?

If you’re new to civil process service and want to learn more, be sure to check into the Server Center to read more articles about how to become a process server.

Join the Discussion

Do you have experience with drop serves? Share your advice or opinions by joining our groups on LinkedIn and Facebook or contact us.

How To Identify Someone Avoiding Service of Process

2021-04-26T00:00:00-06:00

Process servers have several important responsibilities, but their primary job is to serve papers, notifying an individual of an impending legal proceeding. After all, without process servers, people could be sued and have judgments placed against them without ever knowing the process was happening, violating their right to due process. But your average Joe may not understand the role of a process server and may decide instead to avoid being served, believing this will enable them to avoid the situation altogether. We’ve compiled some advice for servers facing this particular challenge as it’s a fairly common one in the industry. Learn more about how to serve those evading service of process whether you’re new to the field or have years of experience.

Why do people avoid getting served?

The duty of effectuating process service means that process servers deal with serving a variety of defendants and, unfortunately, some of those defendants just don’t want to accept that they have been named as a party in a legal proceeding. It could be because they are being served divorce papers and they don’t want to get divorced. They could wind up in collections. There are a number of reasons that someone would need to appear in a court case and, in many cases, it is not pleasant news.

Some individuals being served might even think that process servers have an opinion of guilt or innocence of the person they are serving, which could also lead to them attempting to avoid accepting the papers. This couldn’t be further from the truth as process servers are merely serving as a messenger of legal documents. Truthfully, the role of a messenger is an important role in our legal system as it upholds the right to due process. Regardless of why someone might evade service or avoid a process server, it is necessary that process servers do their best to get the job done and within the parameters of state law.

Preparation is key

For any process server, knowing the state law and the client’s instructions is important, but even more so in cases in which a server is facing someone avoiding service. Process servers must get creative in how they approach cases where the party to be served is knowingly dodging service attempts, but they cannot go rogue and violate any of the rules of civil procedure.

Ensure that the client is providing as much detail as possible about the person to be served. This includes but is not limited to a description of their physical appearance (current height and weight, gender, and other identifying features such as piercings or tattoos), where they can be found (workplace, home address, and information about their routine or addresses of known associates, such as significant others or family members), vehicle description, or other habits. Furthermore, any additional information, such as the demeanor of the party to be served, can make the process server better prepared to complete the serve safely and effectively.

Before attempting service on an avoider, the process server should try to obtain a picture of the individual. While a description is helpful, a current picture can make a positive identification even easier — and make it harder for the individual to lie and claim they are not the person the server is trying to serve. Social media is an excellent place to obtain a current picture.

The client may engage a process server for skip tracing services if that is something they offer. This is an incredibly helpful additional service for any process server and may be worth investing in courses or mentorship from a server specializing in skip tracing. Regardless of whether a server offers it as a professional service, all process servers should have basic skip tracing skills in order to track down those evading service. This could be as simple as being familiar with social media or knowledge of how and where to access public records.

Find a local, pre-screened process server today.

ServeNow is the trusted network of process servers. To find a professional process server, search for a city or zip code below.

Tips to complete the serve

When a process server has as much information they can gather, it is time to begin making attempts in hopes of finding the individual evading service.

Be confident

A process server should always assume that the intended target is at the location they have been provided. Approaching the person with confidence makes it harder for the individual to deny their own identity and it presents a greater likelihood of a successful serve. If a server is unable to verify the identity of a potential target, asking for identification in a professional and authoritative manner can establish identity. If the individual refuses to provide identification, it is a clue that the person could be the subject.

Be kind

Remember, a lot of people who are getting served are receiving bad news. Establishing a rapport and being kind to the individual being served can go a long way in getting them to self-identify, making it possible to effectuate service. Being conversational can also provide the server enough opportunities to verify the person’s identity by catching them in a lie.

Ask neighbors and friends

Neighbors are perhaps the best source to obtain information about an evasive individual. A wealth of information can be gleaned from talking with neighbors, such as whether the person is home, their working hours, the type of vehicle they drive, and other valuable information. In rare cases, a neighbor may be cooperative to the point that he or she calls the server when the target is actually home so as to facilitate service. Similarly, a neighbor may be able to identify the target if they are both outside.

Be creative

While impersonating a police officer is an absolute no (not to mention that it’s illegal), there is nothing wrong with getting creative and donning other “costumes” while attempting service. Some servers have had great luck delivering “pizza” papers or with other benign attire. This can also be as simple as holding a package or bouquet of flowers. However, keep in mind that such pretexting is considered dishonest by some servers that should be used as a last resort. It can also ruin any chance of establishing rapport with an individual if it doesn’t work so use it with caution.

Be creative — part 2

When attempting service at the individual’s home, asking for a neighbor or someone else can throw the target off because the focus of attention will be shifted to someone else. When they reply, ask the target for his or her name for the report, and the server may be able to get a target to self-identify.

Show a picture

In this day and age, it’s almost impossible for there not to be a picture of someone on the internet. If you are able to get a picture on social media prior to the serve, save it, and show the individual denying their identity. They are more likely to cave when the truth is right in front of them.

Hey you!

If a server sees an individual who may be the intended target, calling out the person’s name to see if they answer is fairly logical. This can be done while the person is in a yard, in a public area at his or her workplace, or even walking down a sidewalk or at a store. It is difficult to deny being a particular individual when one just answered to his or her name.

Multiple visits

If a server is having trouble serving someone at their home, the server can leave a note on their door (or even a voicemail) indicating service will be attempted at their place of employment (if they are employed) if they are unable to reach them on a second visit (think a “Sorry we missed you!” type note). Rather than risk the embarrassment of that situation, people will often consent to be served at home.

Documentation helps

No matter the outcome of the attempted service, the process server should always document all aspects of the serve. The good news is that some of the technology used to document ordinary serves can prove to be extra helpful when dealing with an avoider. For example, many process servers wear body cameras for the purposes of documenting attempts. Especially in states where two-party consent is required, announcing that the attempt is being recorded may end up working in the server’s favor as the individual may be less inclined to lie knowing they are being recorded. Similarly, taking a picture can also be helpful (but be safe as this may agitate an avoider).

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

Get an Avoider Served

At the end of the day, it’s clear that there is considerably more to be a process server than simply serving papers to a defendant. A server must often possess detective skills and quick thinking to get the job done. Many process servers develop their own techniques for identifying subjects and likely have an arsenal of tricks to get an individual evading service served. Hopefully, these tips combined with those from other professionals in the field and a server’s own experience can cut down on the number of incomplete serves.

Join the Discussion

Do you have tips on serving those avoiding service of process? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

How Process Servers Can Find New Clients

2021-04-15T00:00:00-06:00

Whether a server is just starting out or looking to ramp up new business, finding work as a process server can be a daunting task. Where does a process server begin? The good news is that there are always options when it comes to finding new work. Here, we provide information on the types of clients that typically turn to process servers as well as the best tactics process servers can use to find jobs.

Who are process servers’ clients?

First, a process server needs to figure out what type of work they would like to procure. For process servers, the bulk of their work will come from law firms, insurance agencies, and collection agencies. Some servers also do well getting work through larger process serving agencies. Finally, process servers can also do work for individuals, better known as pro se clients. These are typically the most common sources for clients of a process server.

Direct sales

The best way to gain new clients is to make a sales call — in person — to meet with prospective clients. Whether it is a law firm or a collections agency, getting in touch and establishing a rapport with the decision-maker is an important avenue. And, unlike emails and phone calls, they can’t put a process server in the trash or ignore their call. Meeting in-person will at least require some form of acknowledgment. While it may take several visits before a process server can get a contract or even a meeting with the right person, it is well worth the effort. Often, this extra effort to meet in person is well received and speaks highly of a server’s work ethic. Plus, it allows the client to evaluate whether they like the server and want to work with them.

Directory listing

There are a number of beneficial ways that process servers can advertise their business. But, for the most part, it’s not as simple as putting an ad in the yellow pages. Most servers prefer to get their clients through another business (law firm, agency, etc.). With that said, process servers can advertise their services in directories like ServeNow or in the directories of related industry associations.

If you use ServeManager, you can also opt into the ServeManager Directory. It will provide you an opportunity to get more work from fellow process servers and major process serving firms. Last month, over 35,000 jobs were forwarded from one user to another. It's free with your ServeManager subscription and only takes a few minutes to setup.

Being listed in process serving directories will provide very beneficial advertising when potential clients are searching for a process server, and it will provide the opportunity to collaborate with fellow process servers. Also, most directories require a certain level of experience before process servers are eligible to get listed — so being part of a directory reflects that a server is a trusted professional.

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

Association membership

Being a part of a state or other professional association or organization, such as NAPPS, can also go a long way in getting new clients. First, it helps speak to the validity of a company (that they aren’t a fly-by-night operation), but secondly, there are opportunities to work for and with other process servers and get to know people in the industry.

Conferences

Industry-related trade shows or conferences present a huge opportunity for process servers to meet with new clients, bring about more business from existing clients, and get their name out there. Process servers who are exhibiting will have to pay to exhibit, but it is worth the exposure. Additionally, conferences often provide exhibitors with a list of attendees and exhibitors, so a savvy process server will scour the list for prospective clients and make an attempt to connect with them.

Direct marketing

Process servers should have a marketing strategy for finding new clients. One way to gain new clients is to directly market to your target audience. This will require a list, which can easily be curated after attending a conference. Keeping track of prospective clients and when contact was last made is important so that the prospect is not unnecessarily bothered or forgotten about. Direct marketing can be done with personal emails, eblasts (although these often go to spam or get immediately deleted), and even print mail pieces. Direct marketing is a great way to get new clients. Not sure what to write when sending an email? Check out this article that highlights what process servers should include when sending an introductory letter to a prospective client.

Referrals

Referrals are the most valuable thing a process server can do to get clients but they’re also often the easiest to forget. Once a sale is made, many are thinking about the client in front of them and forget to ask if there is anyone else who could use their services. Keep in mind, this might be something that would take a while to get from a client (they may want to use a server for a while to see how they like them before referring them to others in the industry), but remembering to ask is the biggest obstacle.

Working for larger servers

One way that process servers can gain experience and additional work is by working as a contractor for larger process serving companies. Often, these companies will advertise on their website when they are looking for additional work. For example, at the time of this publication, Firefly Legal has several job postings for process servers in different areas of Illinois.

Happy hunting!

Finding new clients can be both stressful and exciting, but with a little direction and hard work, any small business owner can do it.

Join the Discussion

Do you have tips on getting clients? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Considerations for Process Servers When Serving Papers in Apartment Buildings

2021-04-14T00:00:00-06:00

Editor’s note: Laws vary between states, so be sure to know your local laws that affect service of process. This article is intended to offer general information about serving papers in apartment buildings, and highlight some specific situations that require a tactful approach.

At some point, every process server has encountered the dreaded apartment building in which he or she must attempt to serve papers. These trepidation-inducing dwellings can be guarded or not, gated or not, and be inhabited by “I don’t want to get involved” neighbors who are less than willing to help. These neighbors are often uncooperative regardless of the overt anonymity bestowed upon them when requested to confirm whether the defendant resides in the building.

Compounding the problem is the variance among jurisdictions that dictate whether certain tactics are appropriate and allowable. Therefore, it is critical to examine a particular jurisdiction’s statutes and rules of law to determine the liberties that can be taken by a process server in effecting service in complicated matters such as in an apartment building.

What do the laws say?

Service of process must achieve the goal of apprising interested parties that a lawsuit is pending and that they are defendants in the action. The service itself functions to give said parties an opportunity to be heard. Accordingly, service must be reasonable with respect to the totality of circumstances. For example, in Greene v. Lindsey, 456 U.S. 444 (1982), the Court held that service left on the front door of an apartment building wherein a number of children reside is insufficient because of the increased possibility that a child may remove the papers, thus removing the required notice for the service to be legal. Therefore, where posting the papers on a door may suffice in some situations, it is the totality of circumstances that must be considered.

Personal service is understood as delivering the court documents directly to the intended party. However, in some circumstances and pursuant to certain state laws, personal service can also be achieved via speaking through a closed door or covered window as well as via speakerphone in an apartment building. Again, it is important to ensure that such forms of quasi-personal service are statutorily acceptable. In some jurisdictions, it is legal to enter a secure apartment building if permission is given by someone who resides within. Therefore, simply asking a leaving resident or buzzing another resident’s apartment to gain entry into the building may be quite effective. As mentioned, though, far too often these “neighbors” aren’t so neighborly. Nevertheless, it is always worth a shot. Press the buttons and hope someone doesn’t care enough to ask who it is, or hope that a simple “I’m a process server who needs to serve a resident in this building” will suffice. It probably wouldn’t hurt to add a “… and it’s not you, so don’t worry” if this is the case. Of course, if the intended party responds to the buzzer and asks who is being served, hopefully, a nicely stated “none of your business” will do.

Service on an apartment building doorman varies depending upon jurisdiction as well. In California, in Bein v. Brechtel-Jochim Group, Inc., 6 Cal. App.4th 1387 (1992), the court held that the doorman must be “considered a competent member of the household” and apparently in charge (Fn. 4). Because the doorman is authorized to control access to the building to both residents and visitors, the court assumed a valid relationship between the parties who rendered service of process upon the doorman legal. Similarly, in Bossuk v. Steinberg, 88 A.D.2d 358 (1982), while defendants may control whether doormen may accept mail or packages, they may not negate legal service of process.

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

California and Washington are the only states that offer limited exemptions or affirmative defenses against trespassing. In other words, in areas that are access-controlled, process servers in these jurisdictions are permitted to enter private property for a reasonable period of time to attempt service. Further, a doorman is required to grant access to a server, although there is nothing in the law that forbids forewarning the resident of the impending service. If access is refused, then asking the doorman whether he would rather be served himself rather than granting access can motivate him to grant the server access.

A little more clarity is given in DuPont et al. v. Chen, 41 N.Y.2d 794 (1977), in which the court set forth specific criteria as to when service on a doorman is legal if visitors are not permitted without permission from a building resident. The court stated that, in order to determine the effectiveness of service in this situation, it is necessary to look at whether the server determined with the doorman that the defendant actually lives in the building, whether the server attempted to leave notes for the defendant to contact him or her, and whether the doorman notified the server that the defendant picked up these notes. If these conditions are satisfied — thus demonstrating that the server made good-faith efforts to determine that the defendant resided in the building and enlisted the doorman’s help in contacting the defendant — then leaving the papers with the doorman was held to be valid (in New York).

In addition to examining various jurisdictions’ laws, it is also highly recommended to research case law as well for more direction.

More tips for serving papers in an apartment building

Other process servers provide a wealth of information on dealing with difficult service in apartment buildings. Some tips include:

Asking the mailman for entry after verifying that the defendant is receiving mail at the address.
Asking the leasing office, caretaker, janitor, or manager for access.
Locating the defendant’s vehicle (if known) and waiting for him/her to leave.
If the defendant is home but refuses to answer the door, it may be permissible to inform him/her that the papers have been left at the door. Taking a picture for corroboration is a good idea as well.

In summary, it is critical to understand state laws, research case law, and enlist the aid of other process servers for tips and tricks.

Join ServeNow

Looking to grow your process serving firm? Get in front of law firms, debt collectors, and other clients by joining ServeNow’s trusted network of local, pre-screened process servers.
Join ServeNow Today

Join the Discussion

Have you encountered issues while serving someone in an apartment building? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Get More Clients With Process Server Introduction Letters

2021-04-14T00:00:00-06:00

Process servers looking to enhance their marketing strategy or those who have recently entered the field might not know what to do to get their company name out there. Consider marketing your process serving firm directly to paralegals and legal assistants through introduction letters. Introductory letters are a great opportunity to present yourself and your services to potential clients. Legal assistants and paralegals can be a great source of repeat business.

How you construct your letter can influence how successful it will be. It's important that your letter is organized, properly formatted, well written, and specific.

The following is a short guide for writing an introduction letter:

The greeting

Though you may be tempted to send your letter to a legal company or attorney's office, it may not be successful when addressed to a company name. It's a good idea to send letters to specific attorneys, but you may want to consider targeting paralegals and legal assistants for a better chance at success. Since attorneys usually hire individuals to handle tasks including relaying papers to process servers, your best bet is to target specific paralegals and legal assistants. Once you've chosen a person to write to, start your letter with a professional salutation and make sure you include the person's credentials.

Example:
Dear Mr. Johnson, CP:

The first paragraph

The first paragraph is considered the most important section of the entire letter. This paragraph should contain the bulk of your information and qualifications. Also, everything you write in this paragraph should encourage the recipient to keep reading.

This paragraph should always include:

Your name
The name of your process serving firm
Years of experience
Areas of related expertise
Where your company is based
Location your firm services

Example:
My name is Jane Smith, and I wanted to take this opportunity to introduce myself and XYZ Process Service. I am a licensed process server and have been in the industry for X number of years. Our company offers regular, rush, and priority service of process, court filings, private investigation, and discounts for bulk serves. We are located in Chicago and serve within the city in addition to many surrounding suburbs.

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

The second and third paragraphs

In the second paragraph, you should explain why you've chosen to write the individual. Acknowledge the person's professional background and, if possible, reference how your services will be helpful.

In the third paragraph, list the services your company provides. They should directly pertain to services that the paralegal or legal assistant will utilize. Remember to always include private investigation, if you offer it, in your list.

Example:
I’ve reached out to you because, with ten years of experience, your company should rely on a process server without having to worry whether documents are being filed correctly or whether deadlines are being met. Our firm employs reliable process servers with extensive experience in many areas, concentrating on the following:

Service of Process
Pick Ups and Deliveries
Skip Tracing
Regular, Rush, and Priority Service

Discounted Bulk Serves
Court Filings (including eFilings)
Research
Private Investigation Services

The fourth paragraph

The fourth and final paragraph should support the information you have provided and conclude the letter. Include association memberships to help establish legitimacy and close with a statement that encourages the individual to take action.

Example:
Additionally, our firm goes above and beyond to ensure we are meeting our clients' needs. For a regular serve, we guarantee the first attempt within three days and we are always willing to accommodate additional requests and last-minute serves. As an active member of the Illinois Association of Professional Process Servers (ILAPPS) and the National Association of Professional Process Servers (NAPPS), I'm always involved with legislation changes and ensuring that I have the most up-to-date information on rules and regulations regarding service of process in our state. I will be calling your office next week to set up a phone call or meeting to better understand the needs and challenges of your firm and how XYZ process can help. I look forward to speaking with you soon.

Your signature

Make sure you close the letter on a respectful and positive note. Consider using Sincerely or Kind Regards before your full signature block, as they are more professional than a simple thank you. Make sure you include your name, company name, an accurate phone number, and email address.

Example:
Sincerely,

Jane P. Smith
XYZ Process Service
Phone: 555-555-5555
Email: jsmith@xyzprocessservice.com
Website: www.xyzprocessservice.com

Here’s what your completed letter might look like:

Dear Mr. Johnson, CP:

My name is Jane Smith, and I wanted to take this opportunity to introduce myself and XYZ Process Service. I am a licensed process server and have been in the industry for X number of years. Our company offers regular, rush, and priority service of process, court filings, private investigation, and discounts for bulk serves. We are located in Chicago and serve within the city in addition to many surrounding suburbs.

I’ve reached out to you because, with ten years of experience, your company should rely on a process server without having to worry whether documents are being filed correctly or whether deadlines are being met. Our firm employs reliable process servers with extensive experience in many areas, concentrating on the following:

Service of Process
Pick Ups and Deliveries
Skip Tracing
Regular, Rush, and Priority Service

Discounted Bulk Serves
Court Filings (including eFilings)
Research
Private Investigation Services

Additionally, our firm goes above and beyond to ensure we are meeting our clients' needs. For a regular serve, we guarantee the first attempt within three days, and we are always willing to accommodate additional requests and last-minute serves. As an active member of the Illinois Association of Professional Process Servers (ILAPPS) and the National Association of Professional Process Servers (NAPPS), I'm always involved with legislation changes and ensuring that I have the most up-to-date information on rules and regulations regarding service of process in our state. I will be calling your office next week to set up a phone call or meeting to better understand the needs and challenges of your firm and how XYZ process can help. I look forward to speaking with you soon.

Sincerely,

Jane P. Smith
XYZ Process Service
Phone: 555-555-5555
Email: jsmith@xyzprocessservice.com
Website: www.xyzprocessservice.com

Conclusion

A letter that showcases relevant experience will generally get the best results, so make sure you write each letter individually and are being completely honest about your qualifications. It's a good idea to have someone proofread for errors before you send or deliver your letter. Omitting information that is irrelevant or unnecessary will help keep your introduction letter concise and to the point. If you are new to the profession, don't be afraid to say that you are looking to expand your services.

It is unlikely that you will use the exact same letter for any two individuals, but once you have a template you can easily adapt it. Hopefully, this guide has been helpful and, with your letters in the hands of potential clients you’ll bring in more repeat business.

Join the Discussion

Have you found success writing introductory letters? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

New York Legislation Affecting Process Servers: “If It Isn’t Broke, Don’t Fix It”

2021-03-31T00:00:00-06:00

Editor's note: This article was written by Paula Parrino and Gail Kagan, NYSPPSA Legislative Chairs. The opinions expressed here belong to Paula Parrino and Gail Kagan. While we will strive to make the information we release accurate, know that the information contained in this article is subject to change. Please check back for relevant updates.

Slipped into the New York State Budget was a proposal which is also reflected in Senate Bill S02508 B, Part O, which, if accepted, would change NY law and allow for process to be served on the Secretary of State through an electronic system operated by the Department of State. This bill would amend the Business Corporation Law, General Business Law, Limited Liability Company Law, Not-for-Profit Corporation Law, Partnership Law, and Real Property Law and authorize the Secretary of State to forward notice of service of process to entities who have “opted in” to service by email and then make copies of process available to such entities.

Email your representatives

If you would like your opposition to Part O to be heard, use this link to email your representatives now.

This proposal would cost approximately $3 million in system development costs. The enactment of this legislation is theorized to provide annualized efficiencies to the Department of State in its business processes and reduce mailing costs. In theory, the annual savings will grow as the number of entities authorizing the department to provide them with electronic notice of service of process increases over time. We believe this proposed amendment will have dire legal consequences regarding the legality of email notice, as well as a direct impact upon process servers.

What seems unconsidered by those proposing this change in procedure and a most probable immediate ramification of the budget proposal is the impact it would have on members of the process service profession. Arguably, it would immediately jeopardize the nearly 200 businesses that deliver process to the Secretary of State in Albany. Businesses have struggled enough to survive the pandemic and those that have been patiently waiting for the resumption of business could now be put out of business the moment these amendments are passed. Not only is this disastrous for members of the process service profession, but it also negatively impacts the revenues and businesses of process servers around the state who routinely send service to them, not to mention New York State itself as it will be unable to collect that lost income tax revenue.

Try the Top-Rated Process Server Software

In the conversations I have had with the legislators supporting this idea, the main talking point is how much less expensive it would be to use this system. There was no consideration of the efficacy of email service of process, or due process, nor the livelihood of the process servers impacted by this law. There seems to be no disagreement that the current method of serving the Secretary of State is heavily utilized and works in securing notice to the corporate entity involved in litigation. Further, the current costs associated with said service are not prohibitive for plaintiffs in a legal action. With this being the case, it would seem ill-advised to change a system that works well in providing service to businesses. Similarly, the current method of service is accepted by the courts as sufficient notice and is seldom challenged.

A review of the case law in New York State cautions that even when email is utilized, it is not the preferred method and is used when the facts of the specific case indicate that service by other means has proven to be ineffective. Still, email service alone is questionable as a method of obtaining jurisdiction and does not necessarily protect the rights of an individual or entity, as guaranteed under the fifth and sixth amendments, and should be used sparingly, as there is not only a legal ramification regarding email as notice but also security and privacy issues that can cause concern with this method of service. Also problematic is the suggestion that an attorney representing a litigant would be able to effectuate service upon the Secretary of State via email since service of process is supposed to be done by a disinterested third party and an attorney representing a party in a case arguably does not fit that criteria.

We all are using new technology that streamlines our businesses and, when dealing with an increased cost, sometimes we look for alternate solutions to defer some of the cost of these expenses. However, to possibly risk putting a great number of people out of business and further devastate an industry is not a solution that should be proffered, especially when citizen’s due process rights are at risk. Currently, the system in place confers jurisdiction upon businesses and provides notice in a reliable way that does not pose a significant legal risk. Which begs, the question: “if it isn’t broke, why fix it?”

About the Author

Gail Kagan is the legislative chair of the New York State Professional Process Servers Association and the past president of the New York State Professional Process Servers Association. She is also a member of the National Association of Professional Process Severs Asscociation and the New Jersey Professional Proccess Servers Associtation.

Join the Discussion

Are you a New York process server who wants to voice your opinion? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Why Insurance is Crucial for Process Servers

2021-03-17T00:00:00-06:00

Although it is not very exciting, insurance is a subject that all business owners, including process servers, should look into before getting out and doing work in the field. Owning a business presents many risks that are not limited to simply profit and loss, and insurance can protect business owners from these other risks. Keep reading to learn about insurance for process servers and why it might be a good idea for process servers to consider it.

Why do process servers need insurance?

Like any business, process servers need insurance. By having insurance, process servers can protect themselves from major financial harm, primarily the result of being sued. Even if a lawsuit is without merit, the potential for it to negatively impact the business financially (and even with regard to the reputation of the business) is high. Process servers specifically need business insurance because they deal with the general public. Add to this the consideration that unfortunately, process servers are often delivering less than desirable news, the potential that something could go wrong and that lawsuits could be filed only increases. Not having insurance and being sued could result in great financial liability that could be devastating both to the business and to the business owner. Having business insurance can protect process servers from being stuck with inordinate costs associated with lawsuits and accidents. Finally, while process servers may not be legally required to carry insurance, they may be required to have some type of business insurance by their clients, or they may need insurance to remain a part of a professional organization, association, or directory.

Business insurance basics: general and professional coverage

For process servers, it is important to consider what types of insurance they will need. Professional servers will likely need both general liability coverage as well as professional liability coverage. Process servers are on the go which means they will likely need general liability insurance that covers them while they’re at the office and while they’re out on the job. General liability insurance is the type of insurance that protects process servers from instances in which they could be liable for bodily injury and/or property damage. People typically don’t think about all the possibilities for accidents, but when issues do arise, they are glad to be covered.

The second type of insurance mentioned is professional liability coverage. This is important to have because this covers process servers in the event that they are sued for an error or something that is not related to bodily injury or property damage. This type of insurance will protect process servers from financial damages resulting from lawsuits.

Other types of insurance

If your process serving company has employees, it might be wise to also include an employer’s liability insurance policy. This type of insurance protects employers from issues stemming from their employees, which could run the gamut from sexual harassment claims to wrongful termination. If the employees are subcontracted, there is a different type of insurance policy for that. Another important type of insurance that process servers should consider is automobile insurance. Process servers often use their vehicles to do their job, so it would make sense that liabilities associated with that are covered. There are different types of automobile insurance, so it is important for process servers to discuss what coverage is needed with their insurance agent.

Want to learn more?

This post merely touches the basics of insurance, and is not meant to be all encompassing with regard to what insurance is necessary and what insurance a process server’s business specifically needs. ServeNow offers several videos on business insurance with input from Eric Vennes from Pacific Coast Insurance Company that offers insightful discussion from an insurance professional. Check those out, but always keep in mind that it is a best practice to consult your company’s legal counsel as well as your local insurance agent before making decisions on your policy and coverage.

Join the Discussion

Have you invested in business insurance as a process server? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

How Process Servers Handle Non-Serves

2021-03-04T00:00:00-07:00

What does a process server do if they cannot serve a person? Although not favorable, process servers are sometimes faced with not being able to serve someone that their client has hired them to serve. This can be frustrating for the process server and the client as a process server’s primary goal is to get the job done. If a defendant ends up not served, it can negatively impact the court proceedings. Unfortunately, non-serves can occur for a variety of reasons, and it’s important for new process servers to know how to prevent them when possible, understand how and why they can happen, how to handle them, and how to charge for non-service.

Prevent non-serves if you can

Because no one (except maybe the individual who is avoiding service) wants attempts to result in a non-serve, it is important that the process server do their best to locate and serve the individual. Sometimes, this requires extra steps to uncover locations where the individual to be served would regularly be (work, home, sports schedules, to name a few). Due diligence efforts will also likely include checking property records, talking to neighbors, and possibly even further skip-tracing efforts.

Process Server Michael May advises that sometimes those who are getting served aren’t always honest, and he recommends that servers go the extra mile to get the job done: “Before non-serving, process servers should do their due diligence. Run tags. Check property records and speak to neighbors. We get lied to all the time.”

Sometimes process servers are lied to by the individual they are trying to serve. If a person knows they are about to be served but does not want to accept the papers, they will avoid service. Sometimes, the person will attempt to obfuscate their identity, pretend they are not home, and even directly lie when confronted.

“I always check the license plates in the driveway. [You] would be surprised how often people the homeowner ‘never heard of,’ park in their driveway,” said process server Steven Straper.

It’s up to process servers to cut through lies and get the serve done when at all possible. In some states and counties, process servers can get the job done through drop service or other alternative means of service. Drop-service most frequently occurs when an individual refuses service and the process server knows the individual in question is the individual they need to serve. The process server quite literally drops the papers at their feet. With appropriate documentation, when accepted by the client, and where statutes allow, drop service can be sufficient in getting the job done.

Process server Davy Keith, manager of Quantum Process, also suggests avoiding non-serves by establishing open lines of communication, whether it's leaving a note when the door isn't opened or sending a message to the individual via their social media. He says, “I believe that communication is a benefit and making a person aware that you are trying to serve them papers isn’t always a bad idea.” Ultimately, according to Keith, it comes down to persistence. Reach out to the individual any way you can and be honest. It may not work every time, but such tactics have significantly helped Keith cut back on non-serves.

Why non-serves happen

When a process server is not able to effectuate service on an individual after a specified number of attempts, this is considered a non-serve. Non-serves happen for a variety of reasons, and not for a lack of trying.

For example, a person may genuinely no longer live at an address. It is up to the server to conduct due diligence to determine this to be a fact. Similarly, it is necessary to know whether the client wants the server to conduct skip-tracing efforts to locate a new address.

Another situation in which a non-serve may occur is when an address for a defendant doesn’t exist. For example, if the address is in the middle of a cornfield, there aren’t going to be any clues as to how to find them. However, the process server must conduct due diligence to ensure they don’t in fact have the wrong address or that their GPS hasn’t led them to an incorrect location when the address does in fact exist.

Sometimes servers can be put in a dangerous or unsafe situation where they cannot safely effectuate service. This could be with a hostile subject and where drop service is not permitted. No serve is worth a server’s life. Process Server Anthony Dunne cautions servers, “Trust your gut, and I am not talking about the burger you want for lunch. If you feel there is something off, chances are there is.”

Another instance where service may not be possible includes situations in which a specific type of service (or service location) has been prohibited by the client. A server may be instructed to specifically not serve an individual if they are at a specified location (could be work, school, etc.).

This list of examples is certainly not exhaustive as it is up to the server to determine whether it is possible to serve the individual. A process server should not consider a job non-service if they did not meet the agreed-upon/specified number and type of attempts, if they did not complete due diligence, or if they could have drop-served the individual.

How to properly document a non-serve

Proper documentation is a critical component in all serves and especially in non-serves. Every serve, no matter if it results in personal service, subservice, alternative service, or non-service requires a service affidavit. In the case of non-serves, process servers will need to complete the appropriate affidavit that affirms their attempts and the circumstances as to why they were unable to serve an individual.

Process servers should document every detail of their service attempts in the service affidavit or proof of service. If the server wears a body camera that includes a date and time, they should take stills of them speaking with any individuals. A GPS can also aid in proving where a server was and when. Regardless of what digital or visual proof is available, the process server should also be sure to take detailed notes - and immediately after each attempt while they are fresh in the server’s head. Include the typical required pieces of information but also go a step further. Take note of the weather, colors and types of clothing, the surroundings, etc. These details could be helpful if the service is ever challenged.

Learn more about completing an affidavit of service on ServeNowEDU.

Try the Top-Rated Process Server Software

Non-serves should not mean free work

In most cases, non-serves result in more work than a standard serve where the defendant is not avoiding service. If a process server has completed due diligence, they should still be paid for that time and effort. If the end result is non-service, it does not mean that no attempts were made, and process servers should not give away their time for free because often a non-service is not the fault of the process server.

Process servers should consider charging more for additional attempts beyond their standard offerings, skip tracing services, and even surveillance for those who double as private investigators if required.

However, it is also important that process servers have their pricing clear and up-front so that there are no surprises for the client. Ensuring that a process server’s client knows their pricing schedule before the server accepts the job can help avoid misunderstandings with regard to payment and ensure a healthy client relationship moving forward.

Server Jeffrey Cunningham echoes this sentiment, offering up suggestions for fellow process servers. He shares, “Since most non-serves (as opposed to bad addresses) take more effort than personal or substituted services, there should be no price reduction.” Cunningham also says, “It is very important that you have a clear understanding with your client ahead of time regarding any skip-tracing or follow-up to secondary addresses. If you simply do these [on] your own (even if the “extra” effort is successful), the client may not want to pay you for your effort. They simply may consider this part of the fee already agreed to. Best advice: if you have a lead, contact the client and get authorization prior to follow-up.”

Regardless of what a server expects on their next serve, it is important to take extra care to ensure that the client knows what service is included — and what isn’t.

Non-service is part of the job, but not the norm

The reality is that process servers all over the country may be faced with a non-serve at some point in their careers. However, with appropriate due diligence efforts, many process servers can get the job done. If it does happen, however, this information should help servers handle non-serves with less stress and confusion.

Join the Discussion

How do you handle non-serves? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Must-Have Tech For Your Process Serving Business

2021-02-03T00:00:00-07:00

Process service has long been known as an industry that relies on the age-old processes that have worked since the industry’s inception and don’t rely on technology. To be frank, many of these processes are in-line with the antiquated legal systems many have come to accept. However, as technology has permeated nearly every facet of our lives, it was only a matter of time before big tech impacted the way courts handle cases, the process serving industry following close behind. While there are a number of apps that can help make things easier for process servers on the go, there is a lot of technology that can help improve the business side of being a process server. Keep reading to learn about some of the must-have tech for your process serving business.

Accounting software

Of the must-have tech for process servers, one of the most important is accounting software. Having accounting software keeps your books organized, which can help you or your accountant when it is time to file taxes at the end of the year. There are a number of items that must be reviewed in order to ensure that your expenses are included and that you are taxed appropriately. QuickBooks is one of the most highly recommended accounting software. Alternative options include Freshbooks, Wave, and Zoho (among many others). Do your research and find the software that has an interface and functionality that works for you.

Electronic payment

Accepting payment is the best! Who doesn’t want to get paid? As more people and companies are reaching for plastic versus a check, process servers need to be able to accept credit cards and other electronic forms of payment. There are a variety of ways to do this, but many involve a processing fee charged to the person/company receiving payment. Keep that in mind when making your choice. Process Server Devin Heffelfinger explained, “We use PayPal for all investigation retainer invoices because in the event some of the retainer is returned to the client, there isn't a processing fee—whereas Quickbooks charges the fee for the same transaction incoming and outgoing.”

Some banks offer ways for you to get paid directly (outside of a check or debit card) from the other person’s bank through an ACH transfer. For example, Chase Bank offers Zelle, and many other banks offer their own branded person-to-person pay system. PayPal is one of the longstanding ways in which you can accept payment digitally, but other systems such as Venmo, Google Pay, Apple Pay, Stripe, and Square are moving in on that territory. Another important consideration is that many accounting and process serving software tools integrate with a payment processing platform. For example, ServeManager has Stripe built right into the platform for easy payment acceptance.

Digital databases for skip tracing

Skip tracing, although technically a separate industry, is used in process service to locate an individual to be served. While process servers are usually given an address at which to serve an individual, sometimes that address can be incorrect. Using skip tracing databases allows process servers to find a correct address. Having a correct address is imperative. Without one, you won’t be able to complete your serve in an efficient manner. Digital databases are a great way to secure a correct address before you head out on a serve. Process servers in the industry recommend the following databases: IDI, IRBSearch, LexisNexis, TLO (TransUnion), and Delvepoint. Process servers also recommended other databases such as DMV records and using the publicly available databases available in your state, which could include inmate records.

Process service software

Process service professionals have unique needs, and there are a few software options that cater to our industry. While some courts offer affidavits and other process serving tools, not all do, which makes it important if you’re working in multiple counties (and/or states) to find software that can work for your business. Look for software that includes the functionality you’ll use, like the ability to collaborate with clients and servers, accept online payments, map and route jobs, capture GPS for serves, and offers security that the legal industry demands. Stephen Snyder advised, “We use servemanager.com for three companies and we love it.”

We may be biased but ServeManager has everything a process server needs to streamline their business. It's easy-to-use, well-reviewed, and packed with relevant integrations and features such as personalized affidavits, a comprehensive GPS tool, and Server Pay which enables process servers to accept payments via credit card. The software also allows collaboration with other ServeManager users so you can send or receive notifications about jobs directly from the field.

No matter what you choose, be sure to research whatever software you are considering to ensure it meets the security, interface, and functionality your business needs.

Try the Top-Rated Process Server Software

Toll-free phone number

Some process servers advised investing in an 800-number. Often, this is a great marketing tool, but it also comes with the added benefit of knowing who is calling at a low cost. Process server Simon Rolfe advised, “A 1-800# is also a good bet. Ours costs $12 a month and it also works as a caller ID trap.”

On-the-go tech

We previously wrote about a number of apps process servers can use in the field. While this technology is meant for outside the office, it is still must-have tech.

Integrate tech into your process service business for best results

Overall, there is a lot of tech that can really enhance your process serving business. While not all of it may be necessary when a process server takes on his or her first serve, the aforementioned tech will make the work easier, more efficient, and more streamlined.

Join the Discussion

What tech do you use to run your process serving business? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Understanding the Importance of Process Server Training

2021-01-20T00:00:00-07:00

There is more to process serving than meets the eye. People who are unfamiliar with the field may not understand the legal knowledge, skill, and perseverance that are required to get the job done. Ultimately, there’s a lot that process servers need to know, and doing the job right requires training. While some servers never receive any formalized training, there is no doubt that having information more readily available is a benefit. For both those interested in starting a process service career and seasoned veterans, process server training is critical to achieving success in the field. There are a number of options for process server training so it’s worth taking a look to see where to go, what to look for, and why you should consider training even if it’s not required in your state. Let’s take a look at what options exist for those looking for process server training.

Where to go for process server training

There are many options for process server training. Some states offer process server training (and some require it, so check with your state if you’re just starting out), most process serving associations offer training, and there are options for private training courses, which are usually taught by experienced professional process servers. Some of these include the Texas School of Legal Support, CODEX Educational & Legal Services, and AcademyGPPS. If your particular state requires process server training, the state’s court website will likely provide a list of approved training programs.

For example, when you visit the Texas court’s web page for process server training, they provide a list of approved programs, some of which are held by private process servers while others are held by the state association. Private process server Amanda Max and her husband offer training in Texas, explaining, “We are state-approved trainers for new process servers seeking certification and provide continuing education for those who need to renew certification. We plan to roll out more professional development classes in 2021 that assist servers with new technology and better ways of working. You can check out our site here.”

Like Max’s program in Texas, many other private companies across the United States offer training, in addition to in-house training offered by large-scale private process serving companies. State associations are widely known to offer top-notch training. Ernest Moody, whose company Capital Court Services out of Tallahassee, Florida, explained, “I agree with other comments that a ride-along with an experienced server will be extremely valuable, but for the more academic aspects, I highly recommend a program offered by the server's state association if they have one. Here in Florida, we have FAPPS. They offer a fantastic educational program for new servers, as well as continuing education options for servers who are already certified. These programs are great because they focus on local state statutes and procedures.”

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

Learn more about your state association’s training offerings by visiting their website. If you’re unfamiliar with the state associations, you can find a list of each state association which includes NAPPS, a nationwide process server association. Some associations with well-regarded courses include GAPPS, CALSPro, and TPSA.

Finally, don’t be afraid to think outside the box! Process server training can come in the form of reading books, attending live, in-person courses, attending seminars, and watching training videos. You can find some of these beginner training resources here. Additional training can also come in the form of attending lectures or events that occur during industry-related trade shows. ServeNow offers pre-recorded training sessions through ServeNow EDU and ServeNow TV. Additionally, ServeNow has hosted meetings in a virtual capacity since the pandemic forced the cancellation of most in-person meetings.

Experience can also come from related jobs. David McClelland of ServLaw explained, “I started as a file clerk for a law firm. [It] was invaluable in knowing how law offices do workflows, the legal processes, and who really makes decisions, when it comes to sending out work.” Similarly, server Robert Juarez explained, “When I started in 1996, I used all my law enforcement and investigator experience as a base for ethics and how to keep it professional. But most process servers, they learn on the job. When I started my business and had to start hiring and training my people, I put together a process server training manual."

What to look for in good programs

Other process servers can be excellent resources for training, but more formalized or structured training can offer some great benefits, too. Keep in mind that you don’t necessarily have to pay a hefty fee to get good training, either. Many process servers have found that they can get some great training without an exorbitant cost.

Process server Torri Schaffer explained that training programs should prepare process servers for what they can expect while on the job, as well as techniques for how to protect themselves. She said, “New servers need to realize that there are risks in serving. Servers need to learn how to stay safe while serving papers. They also need to know what to do if you are assaulted. I have done training and the experienced servers have called me to thank me because sometimes they just let their guard down.”

Ultimately, good programs will be well-rounded, focusing not just on the basics of how to serve. Instead, prospective process servers and others should look for programs that include training on the current laws regarding process service for that state, as well as compliance with privacy laws, proper paperwork, personal safety, locating good addresses, and how to anticipate and react to problems.

Steven Straper who owns Attorney’s Aid Process Service out of New Mexico, explained, “The most important thing I did, which is still the most important part of my work, is that I found and learned the laws regarding serving papers. Later I also found laws regarding trespassing and other laws important to process servers. Federal laws regarding serving collection papers. The laws from states I get the majority of my papers.” Process servers should absolutely look for programs that include some component that focuses on state laws.

Try the Top-Rated Process Server Software

Good process server training programs will likely include multiple sessions in order to cover all of the information necessary to be a good process server. Most importantly, process servers should not expect to learn everything there is about the industry in one session — it’s simply not feasible. This industry, which is often oversimplified, is in fact quite complex.

Process Server Neil Guttenberg explained, “They need to know that they can't learn to be a professional Process Server on [Facebook]. I'm self-taught. I researched and studied for 4 months before I even attempted to serve a paper and I still had lots to learn.”

Process serving mentorship

Several process servers offered that finding a mentor and going on a ride-a-long can provide an invaluable source of knowledge and experience. Process Server Ron Link stated, “I personally think new servers should ride with other experienced process servers. Book training does not get you prepared for actual serves. That adrenaline, the ability to read the person, being a lie detector. Stuff books can not teach.”

Jim Trebowski echoed Link’s sentiments, also emphasizing ride-a-long training: “A ride-along with an experienced server with ethics. The guy I rode with opened up with every serve with ‘I'm sorry to bother you' and always ended with ‘thank you for your time’ and ‘good luck’. I do the same and I can say it's the best training I've gotten.”

Bobby Flores also agreed, “Ride-along with different servers so he/she can see different tactics for serving a person. Every serve might look the same but it's not.”

Process Server Gloria Miller of Gloria Serves Texas advised that in addition to ride-alongs, she “developed a strong support group among other servers.”

Why you should consider training, even when not required

Some process servers may be thinking: if it’s not required, why bother? People are busy enough with family, friends, and obviously, their work. The reality is that the more information you have at your disposal, the more experience that you have under your belt, and the more knowledge you have to do your job, the better you will be.

Brani Andreev, who wrote a book on process server training, shared her experience with process servers from the client side: “In our experience over 30 years, most process servers apply the learn-as-you-go approach or work for an agency in order to get trained. Hands-on experience is indeed a must for all process servers. Having said that, the quality of the work we see throughout the country does reflect this learn-as-you-go approach and is the primary reason for clients' frustrations and their constantly changing process servers. [...] It is certain that formal training is not for everyone, but there are many process servers who would like to see the building of a better image of the process server profession.”

Process servers who have undergone training will be less likely to make mistakes — and that’s something every client would be happy about. Finally, there’s a lot to learn in this industry, and most servers will engage in continuous education, learning something new each year.

Join the Discussion

Have you gone through process server training of any kind? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Has Sido Servido: Overcoming Language Barriers in Process Service

2021-01-04T00:00:00-07:00

Process servers never really know who is on the end of the serve until they come face to face with that individual. While TV and movies have painted the job as such where papers can simply be dropped at the recipient’s feet with a quick “you’ve been served,” professional process servers know that the job involves much more than that. Part of the work of a process server involves speaking with the individual to be served to confirm their identity. This important part of serving process can be made infinitely more complicated when language barriers exist. Learn some tips that you can use to better handle language barriers while trying to serve process.

Find out what language is spoken before the serve

Gathering the right background information is critical when preparing to effectuate service of process. Simply knowing what the individual looks like and where they live is sometimes not enough to complete service of process quickly and efficiently. For process servers working in areas where multiple languages are frequently spoken, make it a habit of asking what language the individual to be served speaks. Preparation is key!

Ask for help and create process server friendly tools

One process server advised that, with the help of a client, she was able to create a flyer that was printed in Chinese. This flyer was something she could easily print and include on serves as her work area was in an area in which many people were fluent in Chinese. Having a flyer that explains what is happening in multiple languages is a great way to avoid language barriers when trying to get the serve done. Ask for help from someone fluent in the language you wish to translate.

Use Google Translate (or a different app)

Most process servers advised that they use the Google Translate app to automatically translate or interpret a different language. Servers report that this app is easy to use and just like having an interpreter by their side.

Gain more clients and grow your business

Thousands of visitors come to ServeNow each day looking to hire process servers like you. Join our network and start getting more clients today. Learn more

Hire bilingual process servers

If your business is in a position to hire a process server, you may take care to hire one who also speaks one or more of the commonly spoken languages in your work area. This can remedy communication issues that may arise when attempting to serve process on someone who speaks another language.

Become a bilingual process server

Finally, process servers can take the plunge into learning a new language to eliminate the language barrier. While this takes time, it can certainly help solve a problem. If you’re considering learning a new language, several programs can assist you on that path. Pay attention to the languages spoken in the area that you work. Learning a language that is frequently spoken in your area may help you down the road. Programs like Rosetta Stone, Duolingo, and Babbel are designed to help people learn while on the go. There are many other language learning programs from which to choose, so find one that you feel most comfortable learning. Remember, contrary to some popular beliefs, it is never too late to learn a new language!

Challenges in Process Service

Overall, there are many challenges that process servers face. However, language doesn’t have to be one that puts a stop to the serve. Take advantage of cutting edge technology or expand your repertoire by learning a new language. With the United States being the melting pot that it is, you never know when you’ll run into a subject who speaks a different language. Hopefully, these tips will help you handle language barriers with ease.

"You've been served" Translated

Here is the phrase "you've been served" translated into the most common languages spoken in the United States. If the language you need isn't listed here, remember that you can use a number of popular language apps including Google Translate.

Spanish: Has sido servido
Chinese: Nín yǐjīng sòng dá (您已经送达)
Vietnamese: Bạn đã được phục vụ
French: Vous avez été servi
Filipino: Pinaglingkuran ka
Korean: dangsin-eun bongsahaessseubnida (당신은 봉사했습니다)
German: Du wurdest bedient
Arabic: laqad tama khidmatak (لقد تم خدمتك)
Russian: Vas obsluzhili (Вас обслужили)

Join the Discussion

Have you ever faced a language barrier on a serve? How did you handle it? Share your experience by joining our groups on LinkedIn and Facebook or contact us.

Understanding the Protocol of Serving Papers on Holidays

2020-12-21T00:00:00-07:00

For process servers new and old, there will come a point in time at which papers need to be served over the course of a holiday. With the holidays around the corner, process servers are looking to their schedules to see when they can get a serve completed. So the question remains: can process servers legally serve papers on holidays?

Varies By State

The short answer to the question is that yes, service of process can be conducted on holidays in every state except Minnesota, and serving on religious holidays is prohibited in New York. At the time of publication, Minnesota is the only state in which serving on holidays is expressly prohibited in their rules of civil procedure.

Unfortunately, the short answer is not a one-size-fits-all answer that applies to every state — or even every county within a state — as nearly all have their own legislation and requirements regarding service of process. So as a reminder, always check both your state’s legislation as well as your county regulations to be sure you are current on the rules.

Furthermore, while service on holidays is largely permitted, there are a number of states that prohibit service of process on Sundays (and in New York, on Saturdays that are observed as holy days). There are some states in which holidays are included or specifically excluded when computing time, which is especially pertinent with regard to filings.

The information contained in this post is not meant to be exhaustive, and while we do our best to ensure accuracy, there is the possibility of error. Serve Now and its writers are not liable for any errors in content. Confirm your state and county’s rules of service prior to attempting service.

Knowing You Can, Should You Serve Papers on Holidays?

Just because you can doesn’t mean you should. Now that you know nearly all states allow process servers to serve on holidays, more importantly, perhaps, is the question of whether you should serve papers on a holiday. At what point do empathy and decency come into play? But in the same token, do bleeding hearts pay the bills? After all, no one ever enjoys being served. Unfortunately, part of our job means being the bearer of bad news. At the end of the day, deciding whether to turn down any work is a tough choice to make.

Michigan Process Server Jake Tjapkes, owner of U.S. Private Process Serving Agency, said of choosing not to serve on Sundays or holidays, “It’s a respect thing.”

Jess Johnson, owner of Bulldog Legal Services, said “My best day to catch people at home is Sunday! Holidays are days off for me too. I don't want to embarrass them in front of family.

For many process servers, it’s not about feelings, respect, or even getting the work. Instead, it’s about getting a break. Working non-traditional hours can be a grind, and taking the time off for the holidays is a great way to stay refreshed and avoid burnout.

Process Server Joe Defscafano said, “No way, holidays are for family. We have more than enough time to serve them without cutting into family time.” Dave Forsythe of Forsythe Professional Services LLC also prioritized family: “I'm a family man and take the holidays to enjoy with them. I spent too many years working virtually every single holiday and I'm taking that time for me now. Many of my client[s] don't want their stuff served on Sunday so I usually just take Sundays off.”

These sentiments were echoed by process server Joe Acosta who said, "I don't think so. It's one day out of the year that families are actually able to spend time together and are generally happy. I say no."

Things to Consider

Before you make the decision whether to go ahead and serve on a holiday (or not serve on a holiday), there are some factors that should be considered.

Profit

The reality is that people have to get served, and people who are in business are in business to make money. With that said, one important factor to consider is quite simply: profit. If you’re just starting out, you may need every serve you can get — and many people spend holidays at home (and especially holidays like New Years Day). This means there is a good chance you will be able to make contact with a defendant and get them served.

Process Server Anthony Webster stated that he would serve any day of the week if the price was right. He wasn’t alone — a representative from Harris Investigations, LLC stated that if it’s allowed, their servers will do it.

Owner of Accel Process Service, Inc., Dee Tedesco, said, “If they are avoiders, by all means, holidays, knock knock.”

Charles Rafferty of Rafferty Investigations put it frankly: “Bummer, but someone’s got to do it.”

Process Server Gregory Carithers who owns West Georgia Legal expressed some reservations regarding serving on holidays, but ultimately would do it: “If that's what it takes, I do it, but I try not to [serve on holidays].”

Ultimately, if you need the business and it’s legally allowed, there should be nothing stopping you from conducting your business. And furthermore, you can and should charge a premium if you’re willing (and able) to attempt service on a holiday.

Necessary Service

For children, it could leave a lasting memory. Do you want to be the person that does that on a holiday? While many servers recoil at the thought of being that person, others know that sometimes it needs to be done. For example, when a case involves the welfare and safety of a child or individual, the papers need to be served.

Safety

Another factor to consider is safety. Holidays can be stressful — add to that getting served — and people could lash out. Process server assault is a real threat, and serving in this environment could lead to a nasty encounter. However, to balance this fear is the reality that you simply do not know what will happen on a serve until you attempt it.

A representative from Agls Process Michigan explained, "I am strongly against serving around [Christmas]. I won't serve up to 2 or 3 days before and 2 or 3 days after, unless it's an urgent subpoena or something going to a company. Serving people at such an emotional time does exacerbate problems or reactions that otherwise may not have happened.”

Finally, regardless of whether you are attempting service on a holiday, it is important to act professionally at all times. The work of process servers is important as it is part of our legally afforded rights. Taking the job seriously, having empathy, and acting professionally should all be part of the job no matter what day it is.

The Choice is Yours When Legally Allowed

If legally allowed in your state, whether or not you serve on holidays is your choice. Many process servers like to take the holidays off to spend time with family and friends. Others who are just starting out and need the money may opt to conduct the serves. No matter what you choose, make it a choice that is both one you can live with and good for business. That answer is different for everyone, as evidenced by a hearty discussion regarding serving on Sundays or on Holidays in the Process Servers Network, a group on Facebook.

Join the Discussion

Do you have any additional tax tips for process servers? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

2020 Tax Tips for Process Servers

2020-12-11T00:00:00-07:00

As the end of the year grows near, it’s time for process servers to start thinking about taxes. Taxes often elicit a big groan, especially for small business owners and those operating as independent contractors who can end up owing money at the end of the year. The good news is that putting a tax strategy in place can help ease the tax burden and better prepare process servers for the future. Furthermore, to make the process go more smoothly in the coming years, process servers should do their best to incorporate the following tips and heed the advice of their accountant. Having everything organized, prepared, and ready to go according to a plan will make tax time a little less painful. Keep reading to learn what you can do before the year’s end and how to prepare for next year.

Hire an Accountant for Your Process Server Taxes

While you might be an expert process server, taxes may not be something you’re particularly good at or interested in. The best option to ensure you’re following all the rules and taking advantage of all applicable deductions is to hire a professional. While we hope to give you some tips in this article, keep in mind that we are not tax professionals and this does not constitute accounting or legal advice.

Keep Your Receipts!

No one thinks a tax audit will happen to them… until it happens to them. Keep copies of receipts for all expenses and charitable donations. Keeping a digital copy is always helpful to ensure that you have a legible copy of the receipt and it makes it easy to keep receipts in chronological order (which will help your accountant later). If things are purchased in person, you can often create a digital copy by scanning it on your printer or even by using an app on your phone.

Try the Top-Rated Process Server Software

Maximize Deductions

There are a number of business expenses that can count as a deduction. Is your business new? Consider including your start-up costs as deductions. Your accountant can help guide you with what you need. If you’re considering starting a new business in the upcoming year, talk to your accountant ahead of time so that you are keeping track of everything you will need come tax time next year. Do you need new business equipment? Take advantage of year-end holiday sales and get a tax write-off. Did you travel? Did you make any corporate gifts? Those could also be deductions. Finally, don’t forget about your standard business expenses, which could include things like paper, postage, and other business overhead. Always confirm what you can and cannot deduct with a licensed CPA to make the best choices.

Marketing, Sales, and Professional Association Fees

Other areas in which you can write off expenses on your taxes include marketing expenses, sales expenses, and professional association fees. Did you have a sales meeting and sign a contract with a client over dinner? That receipt is likely tax-deductible. Did you spend money on advertisements or promotional items for your clients and prospective clients? Save those receipts because those too could potentially be a deduction. Association fees are another professional cost associated with your business, which could be tax-deductible. Did you attend any conferences or seminars? Engage in professional development? Subscribe to industry periodicals? These may be eligible deductions. Remember, always consult a licensed accountant to ensure you’re making appropriate, and most importantly legal, deductions when filing your taxes.

Process Server Vehicle Tax Deductions

Another tax deduction that is often forgotten is mileage. Mileage is important because process servers use their vehicles to do their job. When a vehicle is used for work, it makes it an eligible tax write-off, which can help offset year-end taxes. Each year the tax rate is re-evaluated by the IRS, so you’ll want to pay attention to the current rate — your account will also have this information.

Make things easy for your accountant, and yourself in the event of a tax audit, by keeping meticulous records of your mileage. Keep track of where your trips were and the total mileage for each trip. ServeManager’s software will keep track of your total mileage, but you will also want to make note of your vehicle’s mileage at the beginning of the year in January as well as the year-end mileage in December. Additionally, if you purchased an electric or hybrid vehicle, you may be able to get a tax credit for that. Check with your accountant to see what options are available to you in your filing year.

Consider Charitable Contributions to Maximize Tax Relief

It’s no secret that the holiday season makes everyone feel more charitable. But there’s another reason to be generous: IRS-recognized charities are tax-deductible. Feel good about your good deed and feel good about knowing that you’ll get a little help in return.

Start New Accounting in the New Year

If you’re planning on using new accounting software, it’s fine to purchase it before the end of the year (it would count as a tax deduction), but you may want to consider holding off on using it until the new year to help keep things more organized. Switching mid-year has the potential to cause additional stress when you try to reconcile and gather records for your year-end filing. ServeManager gives you the flexibility of having a full accounting export that is compatible with a number of accounting softwares such as Quickbooks or Xero. ServeManager also has bank-level security so you’ll know your information is secure.

Organize Your Files in Preparation for Tax Filing

Time is money, no matter your profession. Handing over a box of disorganized paperwork and crumpled receipts is a surefire way to rack up a hefty accounting bill. Learn from those of us who have made that costly mistake of putting off paperwork for another day: start the year organized and stay that way. A great way for process servers to stay organized is to use a tool like ServeManager during the year. That way, at the end of the year, you can export the invoice page and provide that to your accountant. Here are some spreadsheet formulas that you can use to generate important totals from the exported spreadsheets:

As we mentioned, you’ll want to keep all of your receipts, but you’ll also want to keep and organize the following records in preparation to hand them over to your accountant. This includes sales, payroll, purchases, and other expenses, as well as supporting documents from throughout the year. Below are some of the most important according to the IRS website.

Types of Records The IRS Recommends You Keep

The IRS has a lot of great information on what types of records you should keep on your business.

Expense Records

Canceled checks
Account statements
Credit card receipts and statements
Invoices
Petty cash slips
Any documents that identify expense, recipient, amount, and proof of payment

Gross Receipts

Deposit information
Receipt books
Invoices
Forms 1099-MISC

Purchase Records

Canceled checks
Credit card receipts and statements
Invoices
Purchase receipts
Any documents that identify recipient, amount, and proof of payment

Asset Records

Any physical property, whether it's an office or equipment, that you use in your business needs to have a record associated with it. The documents that would include the below information could be purchased along with sale invoices, closing statements, or canceled checks. The IRS recommends having documents that indicate:

When and how the asset was acquired
The purchase price
Improvement costs
Deductions taken (for depreciation, casualty loss, Section 179)
How you use(d) the asset
When and how you disposed of the asset (if applicable)
Selling price
Expenses of sale

Employment Tax Records

A process serving company can range from small business and big firm owners to 1099 contract employees and sole proprietors. If you have employees or work with independent contractors, it's important that you keep accurate records of how your employees are classified (including their paperwork) and accurate payroll records.

You’ll also want to hang on to your tax returns for at least three years per the most recent IRS guidelines; the good news is that looking back at them can serve as a helpful reminder for what you need to assemble for the next year.

Tax News Process Servers Can Use

With the change in presidential administration, there are likely to be significant tax changes. Many tax professionals have written articles with their projections of anticipated changes, as well as what they think the new administration will propose. Staying up to speed with tax rates and upcoming changes in your state — as well as federally — will put you in the best position to prepare for your upcoming years’ taxes. But even better is hiring a trusted CPA that will keep you posted with what you need to know and do each year.

Join the Discussion

Do you have any additional tax tips for process servers? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Process Server Tips for Combating Court Consumer Counterclaims

2020-11-17T00:00:00-07:00

Editor's note: This article was written by Dave Rolf, CEO of Tag Process Service, Inc.. The opinions expressed here belong to Dave Rolf. This information is not legal advice and may not be used as legal advice. The information discussed or contained is not an explanation of the law and is presented for educational purposes only.

Many process servers rely on work from debt collection firms as this kind of work is often reliable and plentiful. As a result, process servers end up being in the middle of debt collection attempts when they deliver service of process, which can undoubtedly put servers in a tricky position if they are unprepared. For example, just this past summer, process servers in New Jersey found themselves in the middle of a lawsuit. Although no one is 100% immune from finding themselves the subject of a lawsuit, there is plenty that process servers can do to prepare for and combat costly litigation. Learn more by hearing from two excellent attorneys in the field, Ron Canter and David Anthony, and get tips on how you can avoid costly litigation by focusing on compliance and forging relationships.

Prevent Problems With Compliance

Maintaining compliance is of utmost importance — and even more important than merely being in compliance is documenting it. By following the FRCP, process servers are realistically doing the bare minimum. It is imperative that process servers follow the guidelines set forth in the Fair Debt Collection Practices Act (FDCPA) and engage in lawful service of process attempts, with complete documentation. Documentation of every aspect of a serve is important, especially when it comes to disputing false claims that could put a process server in jeopardy of being subject to debt collector classification, and as a result, legal liability. Use cameras when/where you are able, include detailed descriptions with dates and times, use GPS, etc. If there is ever a type of serve that warrants going overboard on documentation, it is debt collection serves. In my experience as a Certified Receivables Compliance Professional, I can tell you that strict compliance can save process servers from a lot of pain down the road. Process servers should embrace compliance at every step.

Assessing a Litigation Threat: Be Your Own Referee

When (and, unfortunately, not if) your process serving business is the recipient of a letter threatening legal action, assessing its validity, strengths, and merits is the first step to handling the threat. Perhaps it is simply a pro se litigant copying language off of a search engine to try and avoid payment. Perhaps the attorney representing the client doesn’t actually have jurisdiction to file the claim in the state (this is more common than you might think!). Perhaps the attorney hasn’t thoroughly vetted the claim and you know the invalidity. No matter what, the claim must be acknowledged and documented.

Ideally, outside counsel will not be necessary. Attorneys Ron Canter and David Anthony acknowledged that being entangled in litigious counterclaims, despite this being part of their practice, is not fun for anyone. Ensuring compliance will largely prevent counterclaims from even originating. However, even the most compliant among us may still find ourselves the recipient of a threatening letter or potential of a case. Hearing attorneys that represent our industry state how important it is to avoid heading to court solidifies my commitment to ensuring compliance now more than ever!

Never Ignore a Threat

Ignoring a consumer claim, even if unjustified, can become a compliance issue, and it is thus imperative to respond and file the letter for reference. In this event, it is important to locate and review all records associated with the service attempts. Be prepared, and have your documentation ready. Both Attorneys Canter and Anthony emphasized numerous times that even if the claim is nonsense, it is important to document and file the claim so there is a paper trail of how you have handled it. Part of the documentation is making sure you keep a file of all aspects, including any statutes or legislation that shows its invalidity.

Diffuse a Threat By Obtaining Legal Assistance

Responding firstly with a counterclaim can put the plaintiff immediately on elevated defense and perceptually admit guilt. As a result, a counterclaim should not be your first step in handling a consumer claim. If there is prior casework on a similar issue, responding with these judgments can put a claim to rest instantly. If you have an attorney on retainer, simply letting them know of the issue and having them endorse your response to the consumer can be an excellent first step in diffusing a lawsuit. In many cases, once you have shown that you have legal counsel available, plaintiffs who are attempting to pursue a fraudulent threat will back off.

Last Resort: Hire a Lawyer or Attorney

Various aspects of a consumer claim may ultimately require outside legal assistance. One helpful first step if the claim cannot be diffused is writing and filing a litigation hold letter to cover issues raised in your counterclaim. Filing and subsequently requesting information and documents needed to assess a counterclaim requires additional work from the plaintiff. This can satisfy many important aspects required to validate the claim moving forward. By analyzing the counterclaim, complying with audit obligations and regulatory authorities, and placing the ball back in the plaintiff’s court for additional documentation, process servers can figure out a strategy that can potentially protect them from harm and avoid running up extraordinary legal bills.

The litigation hold letter will also show you will be complying with and working on discovery. Once litigation is certain, there are many options for how the case will proceed. The frame of reference of the consumer is the first aspect to consider when determining how the case may proceed. When possible, it can be helpful to attempt to foster a relationship with the plaintiff through the attorneys, and work on some form of settlement. Once a lawsuit has been filed, the attorneys should be the only ones directly communicating with one another.

The ideal is to keep extensive, unnecessary litigation to a minimum and work in a collaborative, professional way, even if there is a contentious situation on the table. Having good working relationships on all sides, including transparent, compliant debt collection practices and open communication with established, trusted counsel can provide an excellent line of defense against lengthy, resource-heavy legal cases.

In Summary

While I don’t think this is new information to anyone, my experience becoming a Certified Receivables Compliance Professional has provided numerous concrete examples and truly solidified the importance of compliance in our industry. I hope this information highlights the wealth of information from legal leaders in our field and demonstrates not only the importance of compliance, but also the ways to ensure and maintain compliance through best practices. Feel free to reach out for advice on any aspect of compliance in the debt industry; if there is anything I have learned outside of the importance of compliance, it’s how important strong relationships are in our industry. I look forward to helping you, answering any questions you might have, problem-solving, and brainstorming best practices in our industry!

About the Author

Tag Process Service was founded in February 1999, by Dave Rolf, and has since become a leader in Process Service, Court Filings, and Private Investigations for the debt collection industry. We currently serve Arizona, Nevada, New Mexico, Colorado, California, Utah, and Washington with expansion plans that correlate with our client’s growth.

Our reputation has been built by providing highly personalized service while exceeding compliance standards and utilizing innovative technology. We consistently deliver prompt, professional, reliable service that adds real value and enhances our clients’ ROI and overall success.

Our company is made up of a team that is passionate about processes and people. Our dedicated team is expertly trained in all aspects of process service including court filings, record retrieval, private investigations, background checks, and notary services.

Join the Discussion

Have you experienced challenges with consumer claims? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Apps Every Process Server Should Have

2020-11-03T00:00:00-07:00

For the on-the-go process server, their phone is an essential tool. It allows the server to communicate, conduct research, and even get from point A to point B. But phones are made even more useful with the addition of certain applications. App functions can range from finding the cheapest gas near you to plotting out the quickest route.

Unfortunately, with the sheer number of apps out there, it can be time-consuming to browse through them all to find the ones that will be useful to you. So here is a list of useful apps based on user reviews, suggestions from professional process servers, and sometimes even just a hunch that they could make your life easier. Try them out and let us know how they work for you, and if you have suggestions for other apps, you can post them on our Facebook page.

Social Media

While it may seem like a distraction to have these apps on your phone, they’re also sometimes the best link you have to those you’re serving. If someone is avoiding or you want to find a different location to serve them, look them up on any number of the social medias below.

Twitter
iOS / Android
Facebook
iOS / Android
Instagram
iOS / Android
LinkedIn
iOS / Android
TikTok
iOS / Android

Weather

The last thing you want is to be serving papers in the rain. Know when you need to bring your umbrella or when to just stay home by using these reliable weather apps.

Today Weather
iOS / Android
AccuWeather
iOS / Android

GPS and Routing

We compiled a list of the best GPS routing apps for process servers that you can check out but here are some of our favorites.

Google Maps
iOS / Android
RoadWarrior
iOS / Android
Waze
iOS / Android
MapQuest
iOS / Android

Mileage trackers

Keep track of how far you travel with these apps made specifically for tracking how many miles you’ve covered.

MileIQ
iOS / Android
Hurdlr
iOS / Android
Simply Auto
iOS / Android

Gas Finders

There’s no worse feeling than being stuck in the middle of nowhere while in need of gas. Use these apps to find gas stations near you wherever you are.

GasBuddy
iOS / Android
Gas Guru
iOS / Android

Coffee Finder

Because sometimes, you just need a little pick-me-up.

Beanhunter
iOS / Android

Restroom Finders

Stuck waiting for the defendant to show up? Been serving papers all day? Find the nearest public restrooms with these apps.

SitOrSquat
iOS / Android
Flush
iOS / Android

Try the Top-Rated Process Server Software

Directories

Find businesses or simply familiarize yourself with an area that’s new to you. You can also use these apps to find phone numbers, hours of operation, reviews, addresses, and directions.

Yelp
iOS / Android
Yellow Pages
iOS / Android
Whitepages People Search
iOS / Android

WiFi Finders

Using these WiFi analyzers, you can discover networks in the area and observe their signal strength and security protocol in real time.

NetSpot
iOS / Android
Avast Wi-Fi Finder
iOS / Android

Recording

Record tricky serves or important phone calls just remember to check your local laws regarding recording without consent.

Rev
iOS / Android
Built in Voice Memos app for iOS
iOS
Easy Voice Recorder
iOS / Android

Payment

Receive payments quickly, securely, and completely virtually with these reliable cash apps.

Stripe
iOS / Android
Zelle
iOS / Android
Paypal
iOS / Android
Venmo
iOS / Android
Cash App (by Square)
iOS / Android
Apple Pay
iOS
Google Pay
Android
AndroMoney
iOS
Google Pay
Android

Time Trackers

Track your time and billables while also managing projects and workflow with these apps. They will help you stay focused and on track so that you can maximize your productivity.

Toggl
iOS / Android
Harvest
iOS / Android
Expensify
iOS / Android

Scanners

These helpful apps use your phone camera to capture a document digitally and convert it into a PDF.

Adobe Scan
iOS / Android
Genius Scan
iOS / Android
Scanbot
iOS / Android

Storage

Make sure your files, whether personal or professional, are secure and accessible on-the-go with these cloud storage apps.

Box
iOS / Android
Dropbox
iOS / Android
IDrive cloud storage
iOS / Android
Google Drive
iOS / Android
OneDrive
iOS / Android

Bonus apps

Because you never know what you’re going to need in the field.

Burner
iOS / Android
iTranslate Voice
iOS / Android
NightVision Light
iOS / Android
Timestamp Camera Basic
iOS / Android
VINELink
iOS / Android

Join the Discussion

Do you have apps that serve you well on the job? Share your favorites by joining our groups on LinkedIn and Facebook or contact us.

Understanding Alternative Service of Process

2020-10-19T00:00:00-06:00

Occasionally, process servers encounter a situation in which they are unable to serve an individual. While non-serves can happen, most clients would prefer that didn’t happen. The good news is that in cases in which it is imperative to get the defendant served by any means possible, alternative service can sometimes be requested and approved. We asked the members of our Facebook group if they had been instructed to perform service through alternative means during the pandemic. 34% of those that responded confirmed that they had been asked to serve via email, posting, certified mail, or social media (see graphic). Keep reading to learn more about alternative service, problems that may happen, and how they can be fixed or avoided.

What is alternative service?

Alternate service, which is not to be confused with substitute service, occurs when an individual is served in an alternative manner that is different from the traditional means of personal service. To be clear, substitute service occurs when someone other than the named defendant accepts service on behalf of that individual. In alternative service, the named individual is served, just not in the traditional manner.

It is important to remember that service of process exists to afford individuals their due process rights. If someone is being sued or must appear in court, they have a right to receive notification of that. Alternative service is only used when all attempts have been exhausted to serve the individual.

By what means is alternative accepted?

Alternative service can be handled in a variety of different ways. Here are some of the different methods in which a defendant can receive alternative service:

Physically posting a copy to the door of the defendant’s last known address
Electronically posting to the court’s website
Publishing a notice in a newspaper
First class and/or certified mail
Social media account
Email address
Digital Service of Process with ServeManager

As always, each state has its own acceptable means of alternative service, so it is best to check your state’s statutes to understand what is deemed acceptable alternative service and what is not. Keep in mind that in most states, all means of alternative service must be requested and require court approval.

Digital Service of Process with ServeManager

ServeManager has built a digital service of process solution for process servers in response to the government entities, corporations, records facilities and other organizations that are requesting digital service and waiving their right to physical service during the pandemic. Learn more

How is alternate service requested and approved?

Alternative service is only granted as a last resort after a multitude of attempts to personally serve an individual have been tried to no avail. There is a specific procedure that is required to request and have alternative service approved. Typically, this process includes the following:

Diligent Inquiry: Before a server can formally request alternative service, they must have proof that they have made a diligent effort to find the individual to be served. This means that the process server has done everything possible in an attempt to locate the individual to be served and has proof of these failed attempts. Each state has their own requirements; it could be as simple as serving at different times of the day and on different days of the week, or it could be more intensive, in which you not only have to make the service attempts but then also reach out to friends and family. The next steps may be included as part of the diligence requirements or may be required separately from the diligent inquiry requirements:

Confirm Military Status: Conduct a search to determine if that individual is on active duty.
Confirm Jailed Status: Confirm whether or not an individual is in jail.
Confirm Inpatient/hospital Status: Check hospitals to determine if the individual is an inpatient at a hospital.

Request Alternative Service: If the individual cannot be located after the required diligence attempts, the process server needs to inform their client. The plaintiff must request alternative service from the court, which is typically done by making a motion and showing the proof of the diligence efforts. At that point, the judge would review the motion and make a decision whether or not to approve or dismiss the motion for alternative service.
Alternative Service Approved: If the judge decides to approve alternative service, he or she will include what methods of alternative service are acceptable.

Keep in mind that certain states or judges may exclude some of these steps or perhaps even require more. As always, check your state’s statutes regarding alternative service to confirm the process.

What problems can arise?

Unfortunately, when a process server is not physically serving an individual, there are a number of problems that could arise. The first problem is that of mistaken identity. This can be detrimental to the case and could result in a motion to quash, which would lead to an unhappy client. Other problems could include the individual never receiving the notice (or claims of such), and thus, service of process is not considered effectuated. Finally, this may lead to substitute service, which is usually not preferred by clients or by the courts.

How do you fix these problems?

Ultimately, there is not really a “fix” to these problems once they have occurred. However, there are a number of things that process servers can do to prevent these situations from occurring. The most important part of alternative service is documenting the diligence inquiries. Document, document, document! There is no such thing as over-documentation when it comes to providing proof that service was attempted multiple times and in multiple ways. Written accounts that include the date, time, location, and other pertinent details are crucial to proving that service was genuinely attempted — and that cannot be disputed with enough evidence. Photo or video evidence, such as with the use of a body camera, is always encouraged. With ServeManager’s Digital Service features, these issues are addressed with notifications that keep process servers updated on when the documents are viewed, when physical service is waived, and when service documents are downloaded from within ServeManager.

Success With Alternative Service

While alternative service is not preferred, it can be done successfully when the server adheres to the state’s requirements and goes above and beyond to get the serve done.

Join the Discussion

Have you ever experienced getting alternate service approved? What did the process look like for you? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

4 Safety Tips for Process Servers During Election Season

2020-10-06T00:00:00-06:00

Editor's note: This article was written by Torri Schaffer of Torri's Legal Services. The opinions expressed here belong to Torri Schaffer.

The 2020 election has been contentious all around, from the top of the ballot all the way to the bottom. Families are fighting, friends have gone their separate ways, and the online comments sections are a tinderbox.

For your safety and the safety of the people you serve, it’s essential that you keep the politics out of your service of process, especially during an election year.

Here are four tips for safe serving in these politically charged times:

Watch What You Wear

You may not have to abide by a specific dress code while you’re out in the field serving, but that doesn’t mean you can just wear anything out of your closet. If you’re out in the field, it’s important that whatever you wear is free from any sort of politicall affiliation.

Avoid shirts, hats, or buttons that reference specific candidates, political parties, or issues. This extends to any images or slogans that can be considered connected to a political opinion or issue.

While these clothing items may be a great way to show your support and strike up a conversation in your everyday life, it’s unprofessional to put forth your personal views on the job and can be dangerous if you come into contact with the wrong person.

Clear Your Car

Just as you shouldn’t be a walking billboard for your chosen candidate, party, or issue, your car shouldn’t broadcast your views on these matters either.

Keep your windows clear of any signs or banners for political candidates and avoid adding bumper stickers to your car. Also, make sure that any folders or clipboards you carry with you up to the door don’t have political stickers on them.

Close Your Mouth

It can be tempting to comment on the sign in someone’s yard, especially if it’s for a person or cause you support. However, by starting this conversation, you immediately cross a line from professional into personal.

The same goes for any discussions you may have with a person you’re serving. Don’t talk politics or the election and don’t make comments on any political or issue-related clothing items they may be wearing. Not only does this type of a conversation cross the line when you’re on the job, but it also can put you at risk.

Say, for example, you’re serving to a house with divided political preferences. You notice a political sign outside the home and decide to comment on it to the person who answers the door. If that person is on the other side of the candidate or issue you’re commenting on, this could ignite that person’s temper and, especially since you’re doing delicate work that can heighten an individual's emotions, it could put you in a dangerous position.

In addition, if the person you’re serving feels the need to try to strike up a conversation with you about their political views, avoid the urge to engage. Instead, wish them a good day and walk away.

Watch Your Surroundings

As a process server, you always have to be aware of your surroundings when you’re serving papers. With protests and rallies springing up around the country, that’s an even more important thing to keep in mind as you drive.

Keep your eyes open and, if you see large crowds of people, try to find an alternate route to your destination.

If the person you’re serving is located smack in the midst of a protest or other gathering, consider returning at a different time of day or on another day entirely if your schedule allows for it. If you don’t have any flexibility in your service schedule, seek the help of law enforcement or event organizers to help you reach your destination.

Above All, Use Your Common Sense

No matter what, trusting your instincts and erring on the side of caution when serving papers is crucial to keeping everyone safe while you do your job. If something doesn’t feel right, stay away and call in backup. It’s not worth a quick service to put your safety at risk!

Torri Schaffer started Torri’s Legal Services (TLS) in 1990. Over the years, she built a successful, thriving company providing process serving nationwide from her company’s headquarters in the Washington, DC area. Torri is dedicated to excellence and is committed to continuously maintaining and expanding her and her company’s knowledge of process serving regulations (of which there are many, and they vary by jurisdiction), and skip tracing techniques. She and her staff attend seminars and events to remain well-informed of the different laws and regulations nationwide.

Join the Discussion

How do you stay safe while serving in the field? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Virtual Events for Process Servers

2020-10-06T00:00:00-06:00

In years past, process servers from around the country would convene for trade shows and business meetings to learn about new technology, ideas, and legislation, network with people in the industry, and attempt to gain new business. These events have proven their worth year after year, which is why hundreds flock to them. With 2020 bringing COVID-19, many event hosts are putting on virtual events to protect people from the virus and no doubt eliminate liability concerns that would go along with hosting an in-person event. Keep reading to learn why you should consider attending one of the many virtual events coming up!

Benefits of virtual events for process servers

Virtual events are an excellent opportunity to engage with the process serving community amid COVID-19 restrictions and there are a number of added benefits associated with attending a virtual event.

Low/no-cost events

Get all of the benefits of attending an event without having to open up your wallet! Virtual events don’t require the expense of travel, lodging, dining, and more that are often required when attending out of town business meetings and trade shows.

Process servers can attend on the go

Another benefit is that process servers can attend virtual events from anywhere. If they’re on the road, they can take a moment to pull over or stop in a cafe to catch the event. Process servers can attend these events and get much of the same knowledge without much interruption to their typical workday.

Attend multiple events in the same day

Many in-person events or conferences are held all over the country which makes it complicated or impossible to attend multiple events in the same day. With virtual events, process servers could attend different events in the same day when they otherwise would have had to choose one over the other.

Upcoming process server events

Here are some of the upcoming process server events that you can attend virtually.

Texas Process Server Association Annual Members’ Meeting

October 10, 2020
This virtual meeting for members of the Texas Process Server Association (TPSA) will be held via Zoom. More details are available to members on the TPSA website.

CALSPro Virtual 52nd Conference and Annual Business Meeting

October 12, 2020
More details for the California Association of Legal Support Professionals (CALSPro) Annual Business Meeting can be found on the CALSPro website.

Process Servers Association of Colorado Process Servers Certification Course

October 17-18, 2020
This certification course from PSACO will be available both in-person and online for those who cannot make it or are outside of the Denver Metro area. Learn more about this course here.

TPSA Continuing Education Webinar

October 17, 2020
This event provides the 8-hour continuing education credits needed in Texas for process server certification renewal. The focus of this event includes topics on the judicial process, process server safety including de-escalation techniques, and more. The online webinar requires a $75 registration fee to be paid in full at the time of registration. Learn more on the event website.

10th Annual Virtual MAAPPS Conference

November 4, 2020
The Mid Atlantic Association of Professional Process Servers (MAPPS) website provides information about the event on their home page as well as on their event list. In order to better serve their members, they are also circulating a questionnaire to cater the event to the participants.

2020 Oregon Association Of Process Servers Annual Meeting

November 7, 2020
The Oregon Association Of Process Servers (OAPS) will hold its annual conferences via Zoom this year. All members are encouraged to attend.

Upcoming legal services virtual events

National Creditors Bar Association Virtual Experience

October 21 - 22, 2020
The online companion to the National Creditors Bar Association (NCBA) Executive Experience, the NCBA Virtual Experience gives industry updates and other relevant information. The Thursday events feature “COVID - Shut Down, Restart and Potential Deluge from a Vendor and Vendor Manager Perspective,” which is sponsored by ProVest, and may be beneficial to process servers. Find out more by visiting the NCBA Virtual Experience event page.

NASP “Roaring Subro” Subrogation Conference

November 16 -17, 2020
This industry-related conference from the National Association of Subrogation Professionals (NASP) provides an opportunity for process servers to learn more about their clients’ work and how they can help. Learn more about this conference in their registration brochure.

Make the most out of remote

While remote events or virtual events for process servers are not ideal for many, they offer unique value in circumstances that would otherwise limit the potential for process servers to engage with their peers, learn, and grow.

Join the Discussion

Are you attending a virtual event? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Adoption of Digital Service of Process Accelerated by COVID

2020-09-24T00:00:00-06:00

Editor's note: This is a summary of an article written for CALSPro. You can view the original article on their blog.

The spread of COVID has changed the service of process industry in many ways, not the least of which has been the attention given to electronic service (or “eService”). Since this alternative method of service allows the transfer of documents completely digitally (digital service of process, or DSOP), it limits person-to-person contact, preventing further spread of the virus through legal proceedings. eService also has the potential to save time, speeding up the California judicial system which often finds itself bottlenecked with cases. But the advantages of eService leave process servers across the nation concerned that they will be displaced as service of process goes digital.

Thankfully, there is another option for worried process servers. Using their knowledge and new process serving software tools available to them through ServeManager, process servers can remain a relevant and important part of due process.

What is happening in California?

On April 17th, the Judicial Council approved emergency rule #12, a temporary rule that mandates electronic service of documents in most civil cases. This order is only for secondary services and not primary jurisdictional documents, such as summons and complaints. Also worth noting is Senate Bill 1146, which would require a party represented by counsel who has appeared in an action or proceeding to accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. Find more information about these rules on the CALSPro blog.

What does this mean for process servers?

The best and most reliable means of service is still in-person and the growing popularity of eService doesn’t eliminate traditional service. However, in order to stay up-to-date and relevant, process servers should familiarize themselves with eService and how it works. They can even consider adding it as an additional service in order to appeal to a wider variety of clients.

Industry veteran and owner and operator of FileServeX, Jeff Karotkin, feels that the complexity associated with physical service of process during this pandemic has shown the legal support industry that eService can be a viable and lawful alternative. He said, “The pressure on us, our customers, and recipients to embrace technology and operational efficiencies are too high to ignore. As a result, the existing physical model may have to change to meet today’s challenges.

Process Servers are not immune to the rapidly changing legal technology landscape. I believe that the service of process needs to be reimagined if process servers are going to remain relevant.” - Jeff Karotkin

ServeManager’s eService Solution

In an effort to provide process servers with the tools they need to succeed, ServeManager has created a digital service of process tool. It was designed specifically to enable electronic service of process while also keeping process servers as a vital part of due process. ServeManager CTO, Trent Carlyle said, “With hundreds digital serves having already been initiated through our eService featureset, in the three months that it’s been available to a limited user base, it’s clear that the need for this technology goes beyond the occasional allowance by a court.”

Our customers are telling us that record facilities, corporations, universities, government agencies, and occasionally private parties are requesting that documents be emailed to reduce exposure. We built in these features as a direct response to the pandemic, and as a way to keep our customers serving papers as entities and the legal system change the way they operate now, and during other inevitable disruptions in the legal system.” - Trent Carlyle

Still in beta mode, the ServeManager DSOP / eService feature allows process servers to:

send notification of service documents
see when that notification is viewed
see whether the recipient waives the physical service method
and see when the sent documents are downloaded by the recipient.

This method is significantly more reliable than email because it is secure and you can guarantee to your clients that the documents were successfully sent, received, and downloaded.

For the process server, it feels easier than sending an email. In keeping with CALSPro’s Best Practices for Service of Process, the ServeManger DSOP tool is intended for use by consenting parties and requires the recipient to formally acknowledge receipt and specifically waive the physical service method.

See more about how this feature works in the video below. Please visit ServeManager’s Digital Service of Process solution post to learn more about this evolving set of features for legal support professionals.

Join the Discussion

Do you have opinions about eService and its growing prevelance in the service of process industry? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.

Logo Design for Process Servers: Everything You Need To Know

2020-09-24T00:00:00-06:00

There are countless ways to market your business as a process server. From having a great online presence to handing out business cards to local law firms, there are many different means for process servers to successfully get their name out there. When marketing your company, you will want to stand out from the crowd. One way to help potential clients recognize your brand and trust your company is with a good logo.

Here at ServeNow, we have seen the good, the bad, and the ugly logos, and want to help guide you in creating a professional logo for your business.

Why Do I Need a Logo?

A well-designed, professional logo establishes a sense of trust and recognition. Clients and potential clients will recognize your brand if they consistently see your logo throughout your marketing avenues (website, business cards, emails, social media, etc.). An ideal logo is simple, tells people the name of your company, and includes relevant imagery.

That Is Not a Logo!

Ultimately, a good logo versus a bad logo could be the deciding factor in a client hiring a process server. That’s why it’s important to understand what constitutes a professional logo. A logo should not:

1) Be hand drawn, scanned, and then uploaded for you to use. Even if you are a modern day Van Gogh, this process distorts the image, and there are typically some shadows. A great logo should be clean and clear.

2) Contain irrelevant or distracting imagery. If your logo has too much going on it may distract people from remembering your company’s name. Keep it simple with imagery that compliments your business name rather than hides it.

3) A logo should not be a picture of your process serving badge, a picture of you, a picture of your cat, or really a picture of anything. The point of a logo is to showcase your company’s brand and make it memorable. It shows you took the extra time to create something that puts your process service company out there as professional and trustworthy.

What Makes a Good Logo?

So now that you’ve seen the bad, it’s time to explore the aspects that make up a good logo that can be used throughout your various marketing platforms. A good logo should include:

1) Easy to read text. The text part of your logo should be in a readable and professional font. Avoid cartoon-like fonts such as Comic Sans and hard to read cursive fonts.

2) Simple and pleasing colors. A neon logo is not going to put forward the idea that your company is professional. It is also a bit of an eyesore. Your logo will appear on computer screens and on paper via business cards and letters, so it is important to choose colors that translate on all mediums. It is best to keep the color scheme simple by choosing 2 to 3 solid colors and avoiding things like gradients, metallics, and very pale colors. Your logo should look as good in monochrome (black and white) as it does in color.

3) Scalability. Remember a logo should be designed so that it can easily be resized and used on different platforms, so make sure the text is legible and images are clear at different file sizes. Rectangular logos with a horizontal orientation work best.

4) Relevant imagery. The imagery included in your logo should showcase what you want your business remembered for. If you want to portray that you are involved in the legal services industry then courthouses, gavels, paperwork, and legal scales are some ideas of relevant graphics to include. If you cover a specific city or state, an outline of a city skyline, state, or state flag, would be relevant to include.

How Can I Get a Logo?

Hiring a professional designer or marketing company to design a logo often comes with a higher price tag. If you decide to hire a graphic designer or freelancer for your logo, ask what is included in the purchase. Typically, a graphic designer will include multiple versions of the same logo, one in black and white, one in color, one without a transparent background, and one with a transparent background, and often in a .png file. Although your logo should ideally be rectangular with a horizontal orientation, your designer should also include a square version as well.

Luckily, here at ServeNow, we offer logo design at an affordable price. Contact us to learn more.

Get a professional logo design for only $200 $150

Our design team at ServeNow will create a professional logo design you'll love — guaranteed. Contact us today.

I Want To Create My Own Logo!

If you have a knack for design, there are some awesome options out there for you to draft your own logo. Canva allows you to create your own logo, even providing templates for you to work off of. Once you have your logo finalized, they have options for you to create business cards and letterheads as well.

Where Can I Use My Logo?

Now that you have a professional logo designed, you can incorporate it in any of your marketing avenues. This includes:

1) Your website. Add your logo to your website design. You’ll want to include it towards the header of the site so it is one of the first things potential clients see that can help you stand out from the competition.

2) Social media. Add your logo to your Facebook, LinkedIn, Twitter, and Instagram accounts to look more professional. You can even create a post, sharing the new logo with your followers.

3) Business cards. Print out new business cards with your freshly designed logo and hand them out to local law firms and businesses.

4) Other professional correspondence such as letterheads, faxes, email signatures, invoices, and statements. The more you consistently get your brand out there, the more likely a past client is to remember you and recommend you.

3) Swag! To really get ahead of the competition, you can print your logo on little “thank you” gifts for your clients. This includes notebooks, tote bags, shirts, hats, phone cases, mugs, etc.

Get a custom website and a professional logo design for only $399

Leave the technology and graphic design to us. Not only will our experts design a website that’s mobile-friendly and search engine optimized, but you’ll also get professionally designed logo. Contact us today.

Join the Discussion

Do you have or need a logo? Have you seen a particularly bad logo? Share your thoughts by joining our groups on LinkedIn and Facebook or contact us.