Why Process Servers Cheat

Imagine that you are named as a defendant in a lawsuit but you are never served with your copy of the Summons. When your wages are garnished or your bank account is levied, you will be forced to spend endless hours to correct the problem….all because a process server failed to serve you.

Believe it or not, it happens all the time. For example, New York City has long been known for “sewer service,” a situation in which the process server throws the documents away and files an affidavit of service claiming that you were served. Recent laws in New York have put a halt to such unlawful actions. How could they be so callous? The reasons are typically financial and laziness.

Some process servers are paid as little as $10.00 per document to be served. If they have heavy volume, they can make a very good living at that rate. However, if they have only a few papers to serve and a significant travel distance between each service, some process servers may begin to take short cuts in order to make ends meet.

Other process servers are just plain lazy when it comes to working diligently to completed their assigned services. Since most are independent contractors who arrange their own work schedule, if they do not have strong work ethics they can easily slip into non-productive work habits. That will eventually catch up with them but often the damage is already done.

What many unscrupulous process servers fail to remember is they are “officers of the court” while serving legal documents. Great public trust has been placed on them and they have a duty to follow the law while doing what is right.

Now, don’t get me wrong….most process servers are honest, law abiding, and diligent. Many are former law enforcement officers who are semi-retired. The vast majority of process servers carry out their duties properly.

As I have taught process servers and investigators in my classes, “treat every defendant as you would wish to be treated if you were in their shoes.” If every process server does that, their job will be easier and due process will be served.

A properly trained process server is the key to safety of both the server and protection of the rights of the person being served. Nelson Tucker, CEO of Process Service Network in California, has trained over 1700 process servers in the past 24 years and has authored 3 books on service of process. Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net