Process Serving in the 21st Century

If you own a process service firm, this is not your grandfather’s business!  The good ‘ole days of banging on doors and slapping defendants in the chest with service papers, as portrayed in the movies, are gone – thankfully, forever.

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 21^st 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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