A brief look at the history of process serving tells us that the service of a Summons originated in England, where the court would order the Sheriff to arrest the defendant and bring him into court to answer the allegations. This was an obvious hardship on defendants, especially when plaintiffs failed to prove their case.
The courts
eventually relaxed this harsh procedure and simply ordered that the Sheriff
deliver a Summons to the defendant, which required him to appear in court. The defendant
was, therefore, "summoned" to court.
In the United
States, process serving was originally a function that was performed by the
local Constable or Sheriff. They were an authority figure with the full power
of the law. Even today, in some areas of the United States, only government
officials may serve legal documents.
Eventually, private process
servers were permitted to serve legal documents. They were required to be of
"highest moral character" with unimpeachable ethical standards. As a
way of proving that service had been completed, they were required to bring
back a piece of the defendant's clothing.
Later, a written
document entitled "Proof of Service" or Affidavit of Service was
developed to indicate who was served and the method of service.
No one has been able
to clearly define when the first “private” process service began. By the
1950's, a few were in business, primarily in the largest cities. Today, they
are everywhere.
So, what methods for
service exist today that were not available in the early days? For starters, private process servers (those
authorized by state laws) have more authority and are allowed more discretion
than in the past. For example, in California, Registered Process Servers are
allowed to enter guard-gated communities for the purpose of serving documents
and they are allowed to trespass on private property while in the act of
serving. In all states, process servers
are allowed to use ruses to complete a service, as long as it does not violate
the law.
Most highly
competent process servers today utilize search tools which can save them time
and money. Prior to attempting service,
Google Earth is a great (free) research tool to determine whether a service
address is a residence or business location. Obviously, if it is a business, an evening
attempt would be a waste of time. It
also gives an indication, in advance, of the type of neighborhood.
There are some very effect tools available to
process servers to assist in locating a defendant’s address. My favorites are TLO and Merlin Data, but
there are many others that are excellent.
Avoid public access websites that charge for a public records search
which are often full of outdated and confusing information.
Some innovative techniques utilized by experienced
servers include “notices” which are left on the door of a defendant who is
evading service. The notice advises as
to what actions will result if they do not contact the process server to
arrange for acceptance of the service. Adverse actions may include service at
their place of employment, stake-out of their home, investigation costs to
locate them, and other expenses which may be added to the judgment. It makes it clear that it is in the best
interest of the defendant to accept service rather than delay the inevitable
which will add financial liability to the case against them.
Social media is a tool that is often
overlooked. With the advent of Facebook,
LinkedIn, Twitter and many others, it is becoming easier to find a defendant
whose address or whereabouts is unknown. It requires that a process server set
up a dummy account with these websites that allows for communication with
people without disclosing the identity or occupation of the process server. It is amazing how much information defendants
will disclose to a total stranger on social networks.
Networking with other process servers and
investigators is a way to expand your process service business. I regularly consult with newer process
servers and private investigators who tell me right away the area they cover
and where they will not go. I typically
give them a long, hard stare and ask the magical question, “Why?” In other words, why do they limit themselves
to a local area, or why do they not do stake-outs, or why do they not serve
some types of documents? The answer is
always the same: “I’ve never done it that way.”
If you do not offer a complete package that every attorney would need which
is related to service of process, you are selling yourself short. The solution?
Partner with other qualified legal support professionals who perform a
service that you do not offer or who cover an area beyond your own. It’s called networking!
Marketing your process service
business takes skill and professionalism.
You may be able to do it yourself or find that professional help will
allow you to concentrate on what you do best.
Yellow page advertising is a thing of the past; internet marketing of
your services is vital to your success in the 21st Century. There are some excellent books in print on
marketing your process service and investigation services in today’s
marketplace.
So, bringing it all together, how
does a process server find the innovations and new tools needed to be
successful? One of the ways is to visit www.processnet1.com and see the books
available or to see what is available at www.pimall.com.
Process Service University was formed to help both new and
experienced process servers and private investigators to learn new “tricks of
the trade.” Every aspect of the service
of process profession is covered in a flexible learning environment. Details can be found at www.ProcessServiceUniversity.com
Process serving is an old
profession with many new ways to get the job done easier, faster and more
profitable.
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for future reference.
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