Process servers play a critical role in the legal process by ensuring delivery of legal documents. There can be many challenges in life, and process serving is no different. From evasive and hiding individuals, to service in dangerous or challenging locations, there can be obstacles that require different strategies in order to perfect successful service. Each serve has the potential to become a “mission.” This can require careful planning, execution, and debriefing in order to accomplish the mission: Successful Service of Process despite roadblocks and challenges.
Evasive Individuals. In an earlier post I mentioned that some people are expecting and even looking forward to service. This is usually because the (quick) resolution of their legal matter is standing in the way of other goals. They are expecting you, preferably yesterday, and do not understand why you did not call first in order to expedite service, and leave a card announcing your intent to deliver when no one was home when you knocked, etc. The other side of the spectrum are those that know you are coming and have decided they will do everything in their power to evade service. These situations require a different approach, often requiring investigative techniques, conducting background checks, surveillance or stake-outs, and skip tracing. In combination with resourcefulness and tenacity, most all of these individuals will eventually be served.
Difficult Locations. Sometimes roadblocks can be literal. Gated communities, secure apartment complexes requiring a pass or code for building access, rural serves, and secure office buildings are a few challenges that need to be addressed when serving process. Coordinating with staff or building security/management may be necessary before utilizing other creative service methods.
Dangerous Individuals. Some individuals may pose a safety risk. Personal safety is key, and a top priority. Training in verbal judo, conflict resolution or other de-escalation techniques can go a long way towards a safe outcome for all. Servers should keep a communication line open at all times with co-workers, support staff or loved ones, or law enforcement if the situation warrants. No server should feel above the need for a “civil assist” where law enforcement accompanies the server to the scene for service.
Changing Addresses. Not all addresses are updated and the last known address for an individual or entity may be months or in some cases, years behind. An open dialogue with the client or legal team as soon as a bad address is discovered can go a long way in preventing delays related to service. Process servers can utilize various methods to obtain the current location of the party for service by speaking to neighbors or landlords, and using online tools or proprietary databases to locate an individual for process service.
Individual Case Requirements for Service. Depending on the state and court of origin, requirements for service can and often do vary significantly from one job to the next. Staying abreast of the laws and regulations for process serving are an important and critical component of professional process serving. Again, open dialogue and professional communication with the client or legal staff regarding individual case requirements will go a long way towards making sure nothing is overlooked and requirements are met.
There can be many challenges in the world of professional process serving. Managing and overcoming evasive individuals, accepting the mission and challenge with resourcefulness, tenacity and professionalism, navigating difficult locations, neutralizing potentially dangerous individuals with various techniques of de-escalation, tracking down changing addresses, and staying current with the changing laws and details of process serving can help with overcoming the “roadblocks” and obstacles of process serving.
Thank you for using Capital Discovery Solutions for all of your needs for a process server in Columbus Ohio.
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