Process serving in general is really not a dangerous job; but there is always a bad seed in the bunch. In light of the recent death of Steve Allen in Colorado there are some safety precautions that we should all stick to in our routine.
- Ask your client about the person you are serving. Is it a potentially dangerous situation? Are they aware of any violence in the home? Get as many details as possible.
- If the spouse is home and is in any way a counterpart to the law suit, summons, order or document that you are serving, it is STRONGLY recommended that you do not deliver the documents when the spouse and or children are present. When Allen went to serve Whitler divorce papers and the restraining order, it is reported that the wife and children were home at the time. Unfortunately they also fell victim to Whitler’s violence. This situation is an equation for disaster.
- Just be polite. It is not necessary to act like a “bad ass” even if you are serving the bad element. A process server should always have a good personality, capable of defusing even the worst situation, someone with a cheerful demeanor, with a bit of a casual attitude, but always professional. Identify yourself, and tell them you are merely the messenger. Remember to “kill” them with kindness. You are not there to judge.
- Always carry your process server I.D. if your state requires you to have one.
- Keep your cell phone handy in case you run into a hostile situation.
- If you are an attorney or paralegal reading this PLEASE forewarn your process server if you believe there is a potential of violence.
- If it is a domestic case, try serving the person at their place of employment. They are less likely to act up in front of their employer.
- Don’t put yourself in a corner or compromising position on the property. Make sure your exit route is easily accessible especially if there are dogs present that pose potential danger.
- Try to avoid serving documents in the evening or in the dark, especially if it is in a “questionable” neighborhood. The cut off time here in Florida is 9 pm.
- Stay regularly informed with your process serving laws and regulations.
Good luck and be safe!
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4 Responses
this business is changing just like everything esle. I use a gps system and a laptop and I serve paper in chicago, detriot, NYC. I use to be a cop and can deal with people prettygood, but in the last three years the lost of jobs, and people are just going crazy with problem at home. I feel most process server need guns to protect themselves, and the courts, lawyers, and people that thinks serving a lawsuit are child support papers are a joke need to go out with me. In NY their going to find out that most process servers are not making contact with the person getting served. They just leave the paper on the door are in the mailbox, NO,NO these companies are going down, and you can read it in the NY news papers. I work for most of these companies and I only made it with them for a couple of weeks. They got mad at me because I made contact with the people and it would take a little time to find them. The other server just drop the papers because the skip tracer in the office said they live their!!!!the owner told me to leave the papers in the door of one serve, I said why? he said i don’t have time for you to run out their all day. I serve the guy in his hand, the lawyer call the next day and told the company he doesn’t believe i serve this guy we’ve been trying to serve him for a year, I told them pay me an i’ll go serve him again, the guy call the lawyer and nobody in the office said anything to me for a week. I quit a week later they were a joke, i do my own thing now and don’t deal with to many process server out here, but if you don’t serve these papers right, sooner are later their going to catch you!!!
i just had a judgment filed against me for an old credit card and when i called the law firm handling it they said a process server served me in august. but no one ever came to see me,and when i told the law firm that they said that in new york they can just leave it on my door. is this true? i thought they had to actual serve you the summons.
You read so much about the problems in New York lately. All these court cases being thrown-out due to bad serves. After reading the post by John on RPS safety, I guess I can somewhat understand what’s going down, however, that does not make it right. With all this trouble being in the national news, it not only gives us a bad rep, but it is going to make it much more difficult for a court to take a server’s word now. It has always been, that a RPS’s word was as good as a cop’s in the courts. I don’t see how it will stay that way now? I have never used a camera to take pictures of the person being served, but it may have to be done now, just to build back a reputation that has been taken down a notch by the buffoons (mostly owners I blame) on the East Coast. As to job safety, I am a big guy but getting on in age, I don’t want to have to get physical with anyone anymore, in order to protect my person, maybe a taser is the way to go instead of deadly force. The new tasers are supposed to be much safer and easier to use, too. Please, everyone think about your own work ethic and reputation, don’t let a company tell you to do what is not legal or right. If enough of you stand-up to them, they will have to operate on the up and up!
Common sense is the greatest tool. Remember about being nice. You may end up having to serve the same person more than one time. Do you want him remembering you in a bad way?