That process serving companies are more accurate, serve process faster and have higher customer satisfaction ratings than the deputies!

For all intents and purposes, phones have become fully functional handheld computers. So now that we have these powerful technological idols shaping the future of our existence, to what end can they serve those of you in the fields of private investigation, serving of process, and bail enforcement?

Today we will look at a wide range of useful smartphone applications on multiple platforms, and how they can serve you in the field.

TrueServe – Android/iPhone – http://www.truthinservice.com

TrueServe is a professional process serving platform from JJL Technologies. It provides businesses and clients with a web based record of all serving attempts, and photographs, complete with time stamps and geolocation data.

According to a description of the service, “The TrueServe iPhone app will route your daily run for you, locate the closest paper to your location (using GPS technology), keep a log of all service history for each and every server, as well as create a level of accountability for you and your clients that has never been offered before in the process serving industry.”

While the app itself is free, it requires a subscription from http://www.truthinservice.com. There is a $79 lite version for “independent process servers who need to track their serves with pictures and gps.” which gives you its most basic functionality for storage of up to 1,000 images. Or the $300 Pro version which has a more features including multiple-servers tracking and document storage. There is also an Enterprise edition for businesses that want more control over the TrueServe functionality.

VehiCal / aCar – iPhone/Android  (respectively)

VehiCal and FuelLog are both applications used to keep track of your vehicle’s performance, mileage, maintenance, and business trip expenses. These apps are great for keeping the most accurate records possible.

Beyond that they keep extremely informative statistics about your vehicle, so you can know if its performance is degrading, when it should ideally get a tune-up or oil change, and how much you drive in an average month.

Upvise – iPhone/Android – http://www.upvise.com/

Upvise is a handy little piece of business management software. It allows you to basically run a paperless office right off of your iPhone or Android device. You can keep your books, maintain records of expenses, keep timecards and just about anything else.  It’s fairly customizable as well so you can create your own in-app forms that can help you with your investigation.

It stores all your data in their cloud-storage service, so you don’t have to worry about grabbing the information off of your phone.  With a free account you get limited functionality, but for $49 a year you get the fully featured app plus 1GB of storage on their cloud.

Hootsuite – iPhone/Android – http://www.hootsuite.com/

Hootsuite is the ultimate in social media management. It’s a tool you simply must have if you’re doing your own online marketing and community management.  With HootSuite you can manage multiple Facebook, Twitter, LinkedIn, Ping.fm, WordPress, Myspace, FourSquare and mixi accounts from one centralized hub.  With the app you can write updates, schedule when they will post, check analytics on your various profiles, and interact with your customers. The app is free, and Hootsuite only costs $5.99 a month for a pro account.  However they have a few extras that cost more if you really want them.

IRBmobile – iPhone/Android – http://www.irbsearch.com/mobile.shtml

Last year IRBSearch announced the launch of the IRBmobile for iPhone and Android. By simply logging into your IRBSearch principal account at www.irbmobile.com using your smartphone you can run person searches while out in the field.

According to their website, if you activate IRBmobile right now, you get your first 15 searches for free during the first week. They caution that it is only fully tested with the iPhone, iPad, and a few select Android devices, but having used IRBmobile personally, I can tell you that this app offers an essential tool to any professionals information needs while in the field.

GoToMeeting – iPhone/Android – http://www.gotomeeting.com

GoToMeeting is a popular web-conferencing system. It allows you to have a remote meeting with anyone you invite. It’s fairly simple, inexpensive, and feature rich. With GoToMeeting participants can view presentations and share desktops. Now with the iPhone and Android apps you can participate in meetings and view presentations from anywhere, even the back of a van during a stakeout.

GoToMeeting can host up to 15 people at a time, and it’s totally free for everyone except the person hosting the meeting. There’s a 30-day free trial available, but after that it’s $49 a month. If you have employees you would like to host meetings with spread out over a large area it is an ideal solution.

DropBox – iPhone/Android – http://www.dropbox.com

DropBox is about as simple and straightforward as you can get.  It is a shared folder of computer files that synchronize on the web in a cloud.  So you essentially have a folder on your computer that you can share with your co-workers or employees and everyone will automatically download and have the same version of all the same files.  Whether they’re word documents, audio recordings, photographs, etc. There’s nothing more to it.  And with the iPhone or Android app you can gain access to those files on the go.  So if you’re in the field and need a copy of some notes or a photograph you can get to it.  Likewise, if you want to immediately share a photograph you’ve just taken it’s simple.

It’s also great to have just for yourself, as your documents will immediately be present on all of your computers and devices.

And it’s free.  For $0 you get 2 GB of free cloud storage which is usually more than enough if you’re sharing simple documents and small compressed images. However if you have need more storage they have 50GB accounts for $9.99 a month or 100GB for $19.99 a month.

Dragon Dictation – iPhone – http://www.nuancemobilelife.com/

Dragon Dictation allows you to write hands-free e-mails, text-messages and documents. If you find yourself trailing a target and need to make notes, there’s no reason to let the thought escape you while you wait for a convenient time to write it down. Now you can just tell your iPhone what you want, and it will write it down for you. Best of all, it’s totally free!

This application isn’t available on the Android platform, because Android phones have this functionality built in as the voice-to-text input.

Evernote – Android/iPhone – http://www.evernote.com

Evernote is an amazing platform for keeping track of notes, thoughts, photos, ideas, and anything else.  It’s great for your everyday life, and it’s extremely useful for organizing information during an investigation.

First you have to setup an account on the Evernote website at www.evernote.com.  Then you get the app for either your iPhone or Android. Everything is kept in a centralized platform so everything you save is available from everywhere else. So if you make notes about an investigation on your PC in the evening, you can review those notes the next day from your phone.

Evernote also scans all notes and images for text, making them searchable later. Even if it’s a photograph or scan of a document, Evernote’s OCR function will make it searchable by text.

You can categorize information based on whatever criteria you wish. You can create a folder for each case and keep all your photos, notes, and information organized inside that folder.

When you make notes with your phone, it stores the geolocation data which is viewable from your PC later, so you can see exactly where you were when you made the note. The same applies for audio, photos and videos. Everything you create is immediately uploaded to the Evernote server.

BluffMyCall – Android/Jailbroken iPhone/Any Phone – http://www.bluffmycall.com

BluffMyCall is an amazingly clever tool that allows you to mask where you’re calling from by allowing you to put in any phone number you’d like to have show up on the target’s caller ID. The service is free provided you don’t mind sitting through a couple of advertisements before the call begins, but there is also a paid version that allows you to get a set amount of calling time as well as voice-changing and call recording functionality.

There is an app for the android, but it isn’t available from the Android Market.  Instead you have to visit http://www.bluffmycall.com/g1/download with your Android phone to get the installation file.  It also requires you to turn off the security function that all Android phones have preventing them from installing unauthorized software.  Likewise, for the iPhone it must be jailbroken and installed from the Cydia app store.

If you don’t want to install an application though, there is another option:  If you’re in front of a computer, you can set up the call from their website and then simply dial the number they give you to begin your call. But the apps make it more convenient out in the field.

Square – Android/iPhone – http://www.squareup.com

Square is a marvel of simplicity. It begins with a small free piece of hardware that you attach to your iPhone, which allows you to scan credit cards. Square then processes the payment for you, takes 2.75% off the top, and deposit it into your bank account the next day. They accept Visa, MasterCard, Discover, and American Express.

Square also allows you to paperlessly e-mail or SMS receipts to your customers, accept signatures, easily apply necessary tax, and keeps analytics and records of your transactions on your phone. The data can all be easily exported as a CSV file which can then be imported into your bookkeeping or spreadsheet software.

CallMynah – All Bluetooth Enabled Phones – http://www.callmynah.com

The CallMynah is not an application, but a piece of hardware. It is basically a recording device that uses your phone’s bluetooth functionality to capture your conversations and record them with total clarity. It’s not a high-tech spy device, as you certainly wouldn’t be able to intercept other people’s phone calls, but it is an extremely useful tool that has finally made it easy to record your own cell-phone conversations.  Whether it’s an interview or what have you.  It saves the date and time the call was made, and you can set it up to automatically record or not record calls from a specific number. The device can store up to 340 hours of audio.

Just make sure that you follow all state and federal laws governing your right to record conversations.

Credit: @FEARtheSERVER

FOR IMMEDIATE RELEASE

CONTACT:
Larry Yellon
(516) 248-8270

New Regulations Allow New York City Process Servers to Continue Service Legal action dropped against DCA

July 20, 2011 (NEW YORK CITY) – Professional process servers in New York City will continue providing quality services to city residents following the settlement of a lawsuit Tuesday, July 19, 2011, with the New York Department of Consumer Affairs (DCA) that had seriously jeopardized their existence.

The agreement, which simplifies record-keeping for licensing, resolves many conflicts that had threatened process servers and agencies from going out of business, said Larry Yellon, president of both the National Association of Professional Process Servers (NAPPS) and the New York State Professional Process Servers Association (NYSPPSA). NYSPPSA is a chartered state association of NAPPS.

“NYSPPSA and DCA now have a shared goal of providing quality services to the legal system and ultimately justice for those who engage the system within city limits,” Yellon said. “We applaud DCA for recognizing the need to amend rules that were confusing and restrictive. The new rules are based on common sense and fairness, and will help agencies and process servers maintain compliance without upending their business practices.”

As part of the settlement, NYSPPSA agrees to drop all legal action against DCA. In late March, NYSPPSA was granted a partial restraining order to allow the two sides to continue negotiations over the new regulations. Prior to the court filing, NYSPPSA and the City had been negotiating in good faith and were making progress ahead of a March 21 deadline. NYSPPSA chose court action only after a request to extend that deadline was denied.

The settlement requires process servers to “conduct their activities within the confines of the new regulations, and notify the city if they fail to carry out their duties in a competent and lawful manner.”

In return, the amended city rules will clarify the record-keeping requirements in the following manner:

• Reporting requirement – Changes 24-hour reporting requirement to within two (2) business days after the last event recorded occurred.
• “Traverse” (contested service) – Modifies the reporting and research obligations for process servers and agencies when reporting the results of a traverse to DCA. The new rule significantly expands both research and reporting timelines and more definitively defines the search process.
• Filing process – The process server and agency only have to keep the file date of the affidavit if they physically filed it.
• Certified mailing – The process server will only have to keep the record number of a certified mailing only if they physically did the certified mailing.
• Record keeping – The amount of time process servers need to keep paper records is reduced from 7 years to 3 years.
• Digital records – The third-party option to maintain digital records have been changed. Now they can be generated at the time of request as long as the records are kept by a third party in a manner that the process server or the agencies are not able to edit them.
• Corrections & edits – The new rule adds a method for licensees to correct typographical errors in or inadvertent omissions from an entry into an electronic format.

Yellon stressed that NAPPS and NYSPPSA members are committed to being accountable, reliable and valuable to legal clients and city regulators. “NAPPS members follow a code of ethics and professional conduct, and as an organization we feel very strongly about the oversight and regulation of our own members,” he said. “This is a win-win for everyone involved.”

TIMELINE OF EVENTS / NYSPPSA vs. CITY OF NEW YORK DCA:

April 2010 – New York City Council passes and Mayor Bloomberg signs law regarding new regulations for Digital Record Keeping for Licensed Process Servers and Agencies; authorizes New York Department of Consumer Affairs (DCA) to promulgate rules.

December 2010 – DCA files new rules and holds initial hearing. New York State Professional Process Servers Association President Larry Yellon testifies in opposition to new rules, saying they go far beyond the intent of the law passed by the council.

February 2011 – NYSPPSA enters into negotiations with DCA seeking amendments to the rules
as proposed.

March 2011 – NYSPPSA files lawsuit seeking to stop implementation of rules as proposed by DCA. New York State Supreme Court, County of New York Justice Cynthia S. Kern grants NYSPPSA a partial injunction prohibiting DCA from implementing or enforcing “that portion of the Regulations which require that the security settings for the converted PDF are set so that no edits or changes may be made to the document.”

May 2011 – DCA publishes proposed amendments to Digital Record Keeping for Licensed Process Servers and Agencies rules.

June 2011 – Hearing on proposed amendments. DCA files “reply memorandum of law.” Oral arguments scheduled for July 20, 2011.

July 19, 2011 – Settlement reached and filed in court.

####

The New York State Professional Process Servers Association (NYSPPSA) works as a unifier in the state to improve the professionalism of our members and communication with the rest of the legal community. For more information about NYSPPSA, visit www.nysppsa.org

The National Association of Professional Process Servers (NAPPS) is a worldwide organization founded on the principles of professionalism and high ethical standards. For more information about NAPPS, visit www.napps.org

If you Google “change” you will find dozens of definitions… for the purposes of this discussion, the change I am referring to could also be referred to as “shift” or “shift happens” or maybe even more accurately “shift is happening all around us”.

The change and shift that is happening all around us is difficult to measure as it is in constant movement and is even more difficult to stay ahead of. Whether we like it or not, change and shift does not care what we think. Change does not care what we believe; it does care if we would like things to stay the same in order to preserve the integrity of our profession. I have heard some say that the best we can do is acknowledge that the world is changing and attempt to manage how that change might affect the future of our profession. I believe we can do better; I believe we must embrace change if we hope to be successful.

Over the last five years or so, I have participated on a few panel discussions about what is happening in the courts, with a focus on how eFiling and eService and how it is effecting the process serving profession. During the first of these panel discussions five years ago… I presented some information about the RIO case. That case for those of you who are not familiar with it was one of the first Appellate Court cases that allowed a Summons and Complaint to be served electronically. Since then there have been several cases that have cited RIO and that have allowed for e-service under similar circumstances. My point is what might not seem like a big deal might actually end up being the catalyst for more dramatic change or the shift in the laws and practices that effect the service of process.

Ten years ago, who would have predicted that there would be process serving agencies today that operate almost every aspect of their business electronically? No physical paper is picked up by or received by the process serving agency. Where all assignments are placed online, received online and dispatched electronically all without touching a single sheet of paper. All proofs of service, all status reports and all invoices are sent to the customers electronically. No paper at all. Yes they still need to serve a paper document. Sound far fetched? It is already happening.

Process Servers customers are eFiling in jurisdictions all over the country. In some cases those customers are not generating paper at all. They are either signing the electronic document digitally or not at all…

My point is the adoption of technology is effecting how law firms interact with the courts, opposing counsel, their customers and their vendors. Technology is also enabling process serving companies some of the same advantages. One might argue that a logical extension of the use of technology is that electronic service of process might become more and more prevalent. Mind you it has not become common; it is the exception rather than the rule. But make no mistake, that change is coming. I am not suggesting process servers role over and let change happen to them. On the contrary I am pointing out that process servers have the power to decide if we want to be part of the solution and effect change that helps protect the integrity of the profession. I am suggesting that process servers must protect a key element of due process by insisting that no matter what change or shift happens the concept of a disinterested third party that can attest to the facts related to the service of process is vital and necessary to insure that parties’ rights are protected and preserved.

If you doubt for a moment that the private process serving profession will not face the threat of process being served electronically on a scale that we may not be able to imagine, I invite you watch the following link to a video clip and then ask yourself if it is possible:

I believe that process servers will see this threat realized other countries first, like India, China, Great Britain, South Africa, Australia and New Zealand. It has already happened in New Zealand and Australia earlier this year. In both countries, courts have allowed instances of service of process electronically to a defendant’s Facebook account.

On the home front all it would take to get the ball rolling is an amendment to Rule 4 of the Federal Rules of Civil Procedure. Such an amendment has been suggested by some that believe it is a simple as adding the following language to Rule 4(e) (3).

The following section was reprinted from an article written by Jeremy Colby, Esq a partner at the New York firm Webster Szanyi LLP in 2006:

By adding the following language to Rule 4(e) (3)

“by delivering a copy of the summons and of the complaint to the individual via electronic means such as electronic mail or facsimile where directed by the court.”

That coupled with a corresponding amendment to Rule 4(h) (1) as follows:

“in a judicial district of the United States in the manner prescribed for individuals by subdivisions (e) (1) or (e) (3), or by delivering a copy of the summons and complaint . . . .”

Amending Rule 4(e) and Rule 4(h)(1) in this manner would permit e-SOP upon individuals and corporate entities inside the United States in the same manner that is currently allowed under Rule 4(f)(3) for service outside the United States and for actions pending in the federal courts.

Such an amendment could lead to a disruption to the traditional manners of effecting service of process not just in the federal courts but in the state courts that follow the federal rules.

Mr. Colby’s article is the most comprehensive I have seen on the topic of electronic service of process and is a must read if you want to understand the history of electronic service of process and want to have a glimpse of what the future might hold if the profession does not embrace change and make it work for them. If you would like a copy of his article please send me an email requesting same and I will forward it to you.

What does ALL this mean? What are process servers supposed to do? What is their vision for the future? How will they remain relevant? What can NAPPS or other professional process serving organizations do to protect, promote and preserve the private process serving profession?

I challenge you to start asking yourself, the NAPPS leadership and the leadership of your state association these important questions. Together through a collaborative effort utilizing the collective skills and resources I believe process servers can start to formulate a thoughtful and proactive approach to address these challenges. I believe in order to effect change you must EMBRACE CHANGE.

Jeff H. Karotkin has more than 25 years of experience in the process serving industry. He has served on a wide range of boards and committees within the legal support industry. Jeff is the past president of both California Association of Legal Support Professionals and the National Association of Professional Process Servers. He has written numerous articles and spoken at a variety of seminars and workshops on process serving throughout California and the United States.

As vice president of strategic development One Legal, LLC, Karotkin is responsible for providing the vision and strategy for a nationally branded solution that will enable One Legal to expand its services nationwide.

Click Here to Email Jeff

Visit Jeff’s blog: http://serviceofprocesslookingforward.blogspot.com/search/label/Process%20Serving
Join Jeff’s Yahoo Group: http://groups.yahoo.com/group/ServiceofProcessLookingForward/join

As a process server I find that my skills at times are tested. When these difficult serves arise I must remember that I am an investigator first. Process servers and investigators alike must have the skills of creativity, logic, communication and the ability to use innovative techniques to complete an efficient serve.

Planning and Preparation:
Planning and preparation is so important to any successful process server. As part of your preparation for an assignment, you should always gather as much information as possible on the individual you are about to serve.
As a standard, I always ask the client if the following information is available on the individual I am about to serve:

• Name, address and personal phone numbers
• Work address and work phone number
• Aliases or nicknames
• What kind of vehicle do they drive? Year, make, model, color or other unique identifiers are helpful too.
• Does the client have a picture or physical description of the person to be served?
• Is there a specific time service should be made?
• Have they been avoiding service or are they expecting and agreeable to service?
• Can the documents be sub-served?
• Is the individual known to be violent?

I also like to do a quick pre-surveillance check of the area in which I will be serving by using a variety of Internet tools such as Google Maps, Google Street Views and Microsoft’s Bing Maps (formerly Live Maps). This allows me to get familiar with the surroundings, alerts me to any potential hazards and may identify any other entry points to the address.

A prepared process server is a successful process server!

Unwilling and Evasive Individuals
Our standard service of process rates are based on 3 diligent attempts over a period of six days at varying times. What happens if I do not get the individual on the 3rd attempt or they appear to evading service?

Search Public Records. Before charging any additional costs to my client, I like to quickly check my local clerk’s public records on line. I check for pending court cases and updated information. I have found pending court cases on many individuals and ended up serving them in court right before their appearance. In searching these free public records, I have also found updated addresses that our client may not have had.

Conduct Simple Internet Research. Sometimes a lot of information about a person can be found through just a simple Internet search. I found an individual’s current employment address just by viewing their Linkedin Profile.

Talk to Neighbors. Talk to neighbors to find out the habits or whereabouts of the individual you are trying to serve. Sometimes you will find that the individual is on vacation or works odd hours. Always be cautious when talking to neighbors; they do not need to know anything about the case or the true nature of your visit (you don’t want the neighbor to put your defendant on notice).

Take Notes. Document all evidence that supports the fact that the individual you have been trying to serve is evading service. Attorneys can often file a pleading to the court regarding the evasive defendant and they will need your factual information in order to do so.

Remember to always work out a cost effective plan with your client to deal with unwilling or evasive individuals ahead of time. Here are some additional service techniques that many of us use in these difficult situations:

1. Find out if a request for a change of address has been filed with the Post Office.
2. Skip trace the subject using a dependable nationwide database provider, this can often yield additional billable hours or service fees.
3. Conduct a stakeout. We oftentimes can serve difficult service after a short surveillance and “service by ambush.” This is another lucrative add-on service!
4. If you have phone numbers for the individual, use creative pretexting techniques.
   Of course before conducting any skip trace or pretext remember to follow your state laws and regulations:
   • NEVER represent yourself as a law enforcement officer, clergyman, employee or member of an actual company.
   • MAINTAIN CONFIDENTIALITY. Do not reveal personal or intimate information about your subject to individuals having no right to or need for such information.
   • NEVER use your correct name or leave your telephone number.
   • NEVER pretext to obtain information from financial institutions, telephone companies or other protected information.
5. Be innovative and creative. Sometimes you just have to think outside of the box. Serving evasive individuals is like a game of “cat and mouse,” but by putting your investigative expertise and creativity to work you can often catch the individual off guard. For example… I had to serve a taxi driver once and he was evading service at his home and at work. I ended up calling his taxi service and asked for the driver to pick me up at my office; the call was under the pretense that I needed a ride to the airport. When he came to pick me up, I was able to serve him successfully… Out of courtesy, I paid his cab fare to my location… it was worth the effort and the client did not mind picking up the tab on this very important assignment.

There is a pretty good chance that you will outsmart your evasive or unwilling recipient by using creative techniques, thinking quickly and being persistent. If you are in doubt of using an unusual method of service of process consult with your attorney to ensure you are operating within the laws and regulations of your jurisdiction.

If you have some innovative, creative tips and tricks of serving evasive clients I would love to hear from you. Join us on our forum to discuss additional difficult process serving tips in detail.

This article was written by Stephanie Mitchell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

Nearly 186 cases in Hennepin County District Court have been vacated and defendants have had to be re-served because McEachern has admitted to falsifying close to 200 Affidavits of Service during his six months of employment with Major Legal.

Hennepin County Court and several law firms who were victims to McEachern’s fraud have had to spend several hundred man-hours in an effort to determine which cases had been affected.

Sadly, due to the ramifications of this case John Bauer, the owner of Major Legal and process serving industry professional of almost twenty years, is reportedly in the process of dissolving the business due to the complete destruction of his local reputation. He stated the McEachern’s actions were a product of sheer laziness and that he had been trained properly in process serving.

More on the story can found here:

http://www.finance-commerce.com/article.cfm/2009/08/07/Process-server-creates-headaches-for-court-system-and-law-firms

This article is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

It really does not matter if you are working in a rural or urban area, I guarantee you will have, or already have had, many dealings with dogs. Caution should be taken with every dog you encounter, no matter where you are and no matter what breed they may be.

The Humane Society, animal control officers and personal injury attorneys continue to warn of the dangers on exactly how aggressive dogs can be; millions of people are attacked by dogs every year in the United States.

According to the Centers for Disease Control:

• Each year about 4.7 million people are victims of dog bites; of these, 800,000 people receive medical treatment and 6,000 are hospitalized.
• 10-20 people a year die as a result of dog bites.
• Between 1979 and 1998, there were 238 reported fatalities where breed of dog involved was noted.
• 58% involved unrestrained dogs on the owner’s property.
• 24% involved unrestrained dogs off the owner’s property.
• 25 different breeds and mixes were involved in these attacks.
• Pitbulls and Pit-mixes were responsible for 76 deaths.
• Rottweiler and Rottweiler-mixes are responsible for 44 deaths.
• Pits and Rottweiler breeds are responsible for 67% of all fatal dog attack

In order to prevent becoming a dog bite statistic it is important to be prepared in the field by understanding a dog’s body language, why they attack and how to avoid an attack.

Many people are bitten or attacked by dogs because they tend to misread the dog’s intentions, body language or simply react the wrong way when the dog approaches them. When a dog feels threatened this is really a natural defensive instinct. Dogs defend their territory, plain and simple. They feel threatened when you come into their personal space.

What can you do to prevent being bitten?

Again, reading and understanding a dog’s body language is vital and can tell us whether or not they are being friendly or playful, fearful, submissive, dominant, aggressive or predatory.

Here are some great tips on preventing a dog attack:

• Don’t sneak up or a surprise a dog.
• When approaching an area where a dog may be, announce yourself and make some noise.
• Always check the area for signs that a dog may be living there: look for a doghouse, chain, rope, dog toys or the popular BEWARE OF DOG SIGN.
• Approach the premise in a deliberate and non-threatening manner.
• If the dog approaches you turn sideways to the dog.
• Never reach out or lean over the dog.
• Don’t make direct eye contact; this is threatening to a canine and an act of aggression.
• Attempt to give the dog some sort of command. In a calm, firm voice try saying “go” or “sit.”
• If the dog eventually loses interest in you, back away slowly until you are at a safe distance from the dog.
• Of course, doing anything stupid to provoke or intimidate the dog will guarantee aggressive behavior from the dog. Do not “challenge” the dog or taunt it.
• Never put yourself between the dog and its escape route or your possible escape route.

All dog bites are not the same! To measure the degree of severity of the bite, Dr. Ian Dunbar a veterinarian, animal behaviorist and writer has created the following chart/guide on bite “levels:”

• Level 1: This bite does not touch the skin. The dog is air biting or snapping.
• Level 2: This bite makes contact with the skin, but doesn’t break the skin. Pain and bruising may result, but no abrasions will be visible.
• Level 3: This bite ranges from a one to three punctures in a single bite with one puncture less than ½ the depth of the eye-tooth (fang) with or without some tearing.
• Level 4: The dog is putting great pressure into the bite. 1 to 4 puncture wounds with or without tearing, more than ½ the depth of the eye tooth. This is usually accompanied with bruising and likely to require medical attention. These injuries suggest the dog grabbed and shook what was in its mouth.
• Level 5: Multiple level 4 bites. This dog is usually beyond the ability to reason and may feel his/her life is threatened.
• Level 6: The dog has killed.

If you are being attacked:

• Attempt “feeding” it anything you may have on you: your jacket, clipboard or a treat. I carry dog treats in my car at all times!
• Don’t yell, scream or run. This will alarm them and may provoke a greater level of aggression.
• If possible, find a safe place to retreat- like your vehicle, behind a fence or in a tree.
• If the dog knocks you off your feet and onto the ground, curl into a fetal position and protect your face and head. Use anything that you may have in your possession to barrier yourself between you and the dog. Do not fight back or antagonize the dog.
• Remain as frozen or motionless as possible until the dog loses interest in you.

After the Attack:

As with any other injury, applying first aid techniques quickly are essential and having a first aid kit in your car is vital.

• Wash the bite wound with soap and water.
• If the dog broke the skin and you are bleeding, stop the bleeding by putting pressure on the wound and then clean the wound.
• Disinfect the bite wound by applying hydrogen peroxide, iodine or alcohol and cover the wound with a bandage.
• Visit your doctor or go to the emergency room within 24 hours of the initial dog bite.
• If your skin was broken you are more than likely going to have to get a Tetanus shot.
• Your doctor may also prescribe an antibiotic to ensure you do not get an infection.
• The possibility of contracting Rabies will also have to be considered and may involve a report to Animal Control Officers.

If your wound is not properly treated a dog bite can develop into an infection or even something more serious. Report the bite immediately to the local animal control shelter so they can investigate the incident.

The bottom line is… BE CAREFUL! The hard truth is that not every pet owner treats their pets the way they should; have you ever watched “Animal Cops” on television? There are thousands and thousands of underfed, abused and aggressively raised dogs. Even the cutest teacup sized dog might try to bite your hand off.

Be prepared.

This article is posted courtesy IRBseach, LLC.

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The new system is reportedly very efficient and cutting costs and saving a whole lot of time for the Sheriff’s Department who currently serves approximately 25,000 subpoenas a year.

Police officers in these counties can now count on being served on time for court proceedings, depositions and hearings. The general public in these counties will still receive hand-delivered subpoenas. The new system is for service on law enforcement personnel only.

For more on this story see http://www.naplesnews.com/news/2009/jul/12/subpoenas-law-enforcement-officers-headed-online/

This article is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

Most Process Service Agencies are familiar with the term Errors and Omissions Insurance, but E & O is only one piece of the insurance puzzle. The following will provide you with some information on what I like to call “The Big Four” and why they should be an important consideration for every owner, manager and firm. While not all policies are alike, most are based upon a foundation of common forms. Upon this foundation of coverage, you will find that each carrier provides additional coverage forms and exclusion forms to the policy. A basic rule of thumb is “if it’s not excluded – it’s included”, but it is vitally important to know what your particular policy will and will not provide protection for. Do you have Assault and Battery included? What about Care Custody and Control of other’s property? Lost Key Coverage? Will your business laptop be covered if stolen from your car? What about that expensive digital camera that you use in the course of business? I would encourage you all to take a few minutes, either with or without your agent, to conduct a quick review of you current coverage. How does your overall coverage stack up? Here then are “The Big Four” and their importance.

GENERAL LIABILITY INSURANCE – GL typically provides coverage for unintentional acts of bodily injury, property damage and personal and/or advertising injury. An example of personal injury would be slander, libel and defamation of character, of which claims have been on the rise lately through perceived nuisance suits. Bodily injury might stem from accidental injury to a client or subject through negligence of an employee or uninsured subcontractor. Property damage coverage would trigger should a third-party’s property be damaged during the course and scope of work performed. This does not include damage that is auto related, as auto is discussed later in this article. Medical payments are used to “appease” an injured client to avoid a medical claim. Your coverage limit can be used to pay small medical bills and other costs associated with an injury to avoid a liability claim or suit and can be used as a deterrent. Fire Damage is coverage to protect the insured from damage to a premise that you might rent, but do not own and is included in most GL coverage forms. You may want to check your monetary limit, as this coverage varies from carrier to carrier. All of these coverage parts are important aspects of General Liability Insurance and you should not have any excluded. Note – on some Errors & Omission policies that include General Liability, the carrier may exclude Personal and Advertising Injury from the General Liability coverage forms, only to give it back on the Professional Liability side. If you see it excluded form the GL, first check the E & O coverage parts to see if it was added back. This is done so as to not duplicate coverage.

Join others as we discuss this article in our Private Investigator Discussion Forum!

BUSINESS PERSONAL PROPERTY – You should be able to find BOPP policies in a number of markets today. This “package” policy will typically provide you the most bang for the buck and is filled with additional coverages specific to business owners. In the case of loss you will have a specified dollar limit to cover your business property (furniture/fixtures, computers, phone systems, copiers, etc.), valuable papers, business income and extra expense (limits to replace lost income and get you up and back in business fast), employee dishonesty, as well as, a plethora of other business specific coverages. It is important to make sure you are carrying adequate limits to protect your business assets. Your agent can help you with this determination. In addition, your classification is extremely important. Some classes carry general liability and some do not. For example, an attorney’s office class may come with GL and may have an option for Hired and Non-Owned Auto, which is terrific, but if a claim arises, triggered by those coverage parts that are misclassified, there is a chance your claim will not be paid. In the end, this would amount to paying premium for nothing. It is important to be working with an agent that understands your business, so that such pitfalls may be avoided.

PROFESSIONAL LIABILITY – Professional Liability is a synonymous term for both Malpractice Insurance and Errors and Omissions Insurance. This coverage is triggered when you commit an error or omission in your professional scope of work that causes financial damage to a third party. Examples of claims would be missing a filing deadline due to your direct negligence (getting lost on the way to courthouse, losing the document, etc), filing a document in the wrong court venue, serving the wrong subject, having a document lodged between your car seat and not noticing until the statue has run, errors on a proof of service, failing to conduct a proper foreclosure sale, posting a notice on the wrong property, etc. Remember, anyone can sue for anything – whether real, perceived or frivolous, claims can and do arise. If/when that claim does come in – who would you rather pay the defense costs – you – or your insurance carrier?

AUTO LIABILITY – Hired/Non-Owned Auto coverage is a very important factor to consider for any owner of a Process Service Agency. It can be added to some GL policies, can be purchased in conjunction with most Commercial Auto policies, and/or can be purchased as a monoline product (a stand alone policy). H/NAO is excess auto liability for claims that name the firm in a law suit for the actions of non-owned autos used for business purposes. Nonowned auto does not apply to corporate officers of the first named insured. In addition, it is coverage for the firm and does not extend damages to the employee/subcontractor. A typical example might be John/Jane Doe process server who is involved in an at-fault auto accident. Because he was “working” at the time of the accident, it is likely that your firm will be named in the suit. This coverage should provide you defense, as well as, cover any monetary damages above and beyond your server’s auto limits. Another important issue with Auto Insurance is that personal lines will rarely cross over to commercial use. It is vitally important for you and all of your field agents to not only have adequate limits of insurance, but that you/they have a “business use endorsement” on your/their auto policy. If it is found that you are using your vehicle for business use, your personal lines auto policy may decline to pay for damages. There you have it – The Big Four – as always, I encourage you to evaluate your current overall commercial coverage and shop around for your insurance needs. There ARE options and differences in coverage and pricing from carrier to carrier. If you make the decision to purchase insurance, take the time to make it an educated one, paying only what you need and only FOR what you need.

Note: The above coverage topics are what I consider to be the four most important, but are certainly not professed to be the ONLY coverages needed or available. Other topics to research or ask your agent about are Crime Insurance, Employment Liability (wrongful firing, sexual harassment, etc), Employee Benefits, Additional Insured requirements, Umbrella, Building (usually if you own), Blanketing coverages and more.

H. Eric Vennes is a former Process Service Agency owner of over 15 years. In 1994 he obtained his insurance license through the State of Washington and is currently Executive Producer at InsuranceTek, Inc. – a NAPPS endorsed insurance firm for the process service industry. Eric can be reached at 888-505-1555 to answer any questions you may have.

The Toilet Woman

When I got the divorce papers for service on the eighty year old wife, I could see drama spelled out on the pages like a sarcastic soap opera, featuring the kind of characters you’d see in a film like Raising Arizona. The real-life setting was just as disturbing — a rural double-wide trailer, someone on medication and an angry son protecting his elderly mother. This was going to be a long day.

At this point in my life, I had been serving papers for over twelve years and knew what I was in for. The client would have to write a bigger check. Otherwise, I wasn’t doing the job. Fortunately, they agreed and off I went to find the trailer, marked only on a map with a circle along some dirt road near the freeway. Yeah right. Even my topographically programmed GPS wasn’t going to help me with this one.

I know that service of service of process can be dangerous. Armed with the divorce papers, my legally concealed handgun, a fully charged cell phone and a piece of spearmint gum — I began driving up and down a major U.S. Highway in a very rural part of an un-named California county.

“Where is this place?” I peered through my truck’s passenger window for an unmarked dirt trail which would lead into the scrub of the high desert and wondered why I had an ache in the pit of my stomach.

“And why am I doing this again?”

That’s right, it was the money. You know – that stuff the wife talks about all the time. Speaking of wives, I better call mine when I find this trail and tell her where I am so they can find me if anything goes wrong.

Deciding to stop at a horse ranch and ask for directions, I noticed an intercom at their secured gates. I pushed the button and got the rancher. Within a few minutes, a sunburned cowboy with a large rancher’s hat arrived at the gate in his flat bed pickup. Tails wagging and tongues darting, the rancher’s two black & white border collies stayed on the truck bed without leashes. He had no idea who I was talking about, but pointed to a trailer over the distant, brown desert hill and explained that the entrance was a quarter mile down the freeway, marked by a large tumble weed (no joke).

Well, he was right. There was a large tumble weed where the trail was. I called my wife and gave her all the details of the case. I also told her that if I didn’t call her in an hour, she was to call the California Highway Patrol. My wife was used to this kind of thing, but after describing the road and how it winded up into the desert for miles, she sounded nervous.

Slowly, I drove my truck down the double track dirt road toward the double-wide mobile home which was supposed to be down there somewhere. After finding a gate with several “No Trespassing” signs, I was almost relieved. If it was locked, the job was done. I don’t go through locked gates. If it was unlocked, I would have to push it open and continue. It was unlocked.

After another mile of driving and I came across a second set of gates with more “No Trespassing” and “Stay Out” signs wired to them. Again, there was no lock and I pushed them open and drove through. When will this end? How will this end? I was surrounded by desert, tumbleweeds, dust devils and rolling hills.

Finally, I saw the trailer ahead in the distance. It was standing on a hill with a junk yard of broken vehicles, tires, furniture, ice chests, trash and a mess of random metal scrap. In my years of experience, I knew what a yard of junk meant for what kind of attitude I’d expect from the resident. This was worse, since I was alone in the middle of nowhere, on private property in the high desert past two gates with signs warning people to stay out. If you’re asking yourself this question for some reason…yes I left all the gates open in case I had to drive out of there really fast.

Before I could park, a man was standing between me and the trailer with a holstered .357 magnum revolver and a very large chip on his shoulder. I opened my driver’s door and said hello while gripping my concealed pistol out of sight. In a fighter’s stance, the man demanded to know who the (expletive) I was and why I went through his gates. This wasn’t going to go well. In fact, this could be my worst nightmare if I don’t play this right. Immediately, I went into my psychology mode. How do I get this angry resident with a gun to go from “ready-to-shoot” to “greet the nice guest with manners”?

My response: “Oh, (long pause). You’re not going to be nice?” I admit that it was a strange question but, that’s what I went with. With all the adrenaline pumping through this guy’s veins, he wouldn’t have heard a word I said otherwise. Especially if I tried to explain the papers, unlocked gates and my purpose there.

With a half smile, I held out my “Court Process Server – California” flat badge, (yes I carried one of those for years because it’s a great tool). Then I said, “I’m here on official business. Sorry I startled you.” The look on the man’s face completely changed.

“Oh, sorry. You’re here to serve my mother? Come on up. I didn’t know who you were at first,” he said.

Great, I thought! I have the right address. If you have spent any time serving papers, you know this could have been another nightmare in itself.

Secretly re-holstering my pistol from behind the door of my truck, I paused and then asked if he could just produce his mother outside. Under normal circumstances, I never enter anyone’s house for any reason while serving papers.

The man replied that he would go get his mother and be right back.

While I stood outside the double-wide trailer, I surveyed the junk yard and hoped this would be over quick and easy. The mother will come out. I hand her the divorce papers with a smile and then get the heck out of there. This might be easier than I thought. The man calmed down. The mother is home and is on the way out. I looked at my watch. Just in time to get some lunch, I mused.

Of course, I knew this wasn’t going to be the case when the man stepped back out of the trailer without his mother. I simply stared.

“She’s in the bathroom right now,” he said.

I was thinking to myself that between the time he went to get his mother and now, they had decided to evade service with the old “bathroom” excuse. Personally, I thought the “shower” excuse was always better, but it was just as well. At least it wasn’t the “taking a nap” excuse. That one always ticked me off.

“I’ll wait,” I said.

“Well, she’s going to be in there for a while. Maybe you should just come back another time,” he said.

Yeah right, I thought. I’ll just leave and come back. That’s a good one. I was born yesterday. I’ll just come back later to your locked gates while you laugh at me from the tattered screen door of your home on wheels. No, I’ll stick around and get the serve done.

“I’ll wait,” I said. “It’s no problem. I have time.”

The man put his hands in his pockets. I didn’t let my guard down. The revolver was now missing from his hip, but that could mean anything. This was no time to relax or lose my polite demeanor either.

“You could come in and serve her if you want,” he said.

“I normally don’t do that,” I stated flatly. “It’s a policy.”

What is this guy up to, I thought.

“She’s going to be in there for a long time. It might be your only option.”

“What do you mean, a long time? Like all day?” I asked.

“She has medical problems,” he said. “We’ll just open the door and you can serve her.”

“Open the bathroom door? I’m not sure I can do that,” I said nervously.

“It’s okay,” he replied. “She won’t mind.”

“Maybe you can get her to the door of your trailer and I can just see her face?” I asked. “If you do that, I can just leave the papers in her presence and won’t have to bother you folks any longer.”

The man agreed and went back into his trailer. After a few moments, he returned.

“Nope, sorry. She’s sitting on the toilet right now and can’t get up,” he said. “You can come in and serve her in the bathroom or come back another day.”

I considered my options. Serve a woman on the toilet? Was I really going to enter this dude’s trailer and get myself shot over some lousy divorce papers? I can see the headline now: Evil process server shot while trying to assault naked woman on the toilet.

My brain was yelling at me, “No you idiot! It’s not worth it!” My gut was telling me to go for it. Life’s too short to not serve someone on the toilet, right? Who else can say they served someone on the toilet? The closest I came to this was when I had to wait for a golf course restaurant cook at the bathroom door. I was there to serve him child support papers and he wasn’t getting away this time. This was my fourth trip there and I finally had him. I could hear toilet paper roll spinning forever and thought to myself, “He’s evading service via the “extra toilet paper” tactic!”

Go ahead and laugh.

I have served famous people and everyone in-between. Some of the situations I’ve been in would curl your hair. Besides, I had a fat check waiting for me if I got this done today. I know what you’re thinking. The truth is, that the biggest motivation for me was the mission and accomplishing it. Some of you may understand and some may not, but that’s what it was.

As we walked into the trailer, I noticed the interior wasn’t unkempt at all. To my surprise, the place was neatly organized and clean. I don’t get it…a junkyard outside but spick and span inside? Did I miss something? Aside from everything else, this oddity really freaked me out.

The man pointed to the bathroom door, “She’s right in there.”

I paused again. “Can you throw a blanket on her or something? I don’t feel right about invading her privacy like that,” I said.

This request accomplished two things: One, I would be able to see him go in with a blanket and hear the conversation. If this was an ambush, I would be able to tell right away. And the second thing was to save his mother’s dignity and cover my own metaphorically-exposed behind.

The man entered the bathroom with a blanket and covered her. He came out and gave me permission to enter the bathroom and serve his mother. Slowly, I opened the door and braced myself for whatever kind of smells there might be, but there were none. I pushed the door a little more and caught sight of a frail, little woman, cowering on the toilet under the blanket.

Instantly, I felt terrible for this poor lady. I was embarrassed. If someone had told me I’d be serving an old woman on the toilet today, I would have laughed, but now there was nothing funny about it. What kind of son would allow me in there and what kind of husband would abandon her and send me with divorce papers?

As uncomfortable as it was for both of us, I had to do my job and complete the service. I took a couple of steps into the bathroom and held out the summons and complaint. Her eyes were wide, skin wrinkled, face pale and her hair was a shoulder length shrub of gray curls. For a second, I thought it would be possible for the son to shut me in there with her, like some kind of prisoner. Maybe she was a prisoner and the son kept her in the bathroom like a cell. With that thought, I put my boot at the threshold of the doorway. Anything was possible at this point.

With the nicest possible tone, I apologized to her for my intrusion and briefly explained that I was handing her legal papers. She didn’t say a word, but just mumbled something and quivered under the covers.

I walked out of the bathroom and told the son in a nice way that I was done and wanted to leave them in peace. After saying that, I felt stupid but I needed to get out of that trailer. The quicker the better. Of course, the son wanted to have a conversation now. I opened the trailer door and began walking toward my truck. The son followed me and was talking about supporting the local sheriff. Then he named off a few politicians and asked if I knew them. I wasn’t sure where that was going, but I was so done — and ready to get the holy heck out of there.

Every response from me was something like, “Well, thanks for all your help, but I really think I have intruded in your personal business enough for one day. Thanks again and take care.”

For some reason, that statement was like an invitation for more conversation with this guy. I smiled, nodded and finally just started my diesel engine, shut the door and drove away waving. The hair on the back of my neck stood up as I peeled away from that lonely trailer in four wheel drive.

After leaving the property (and closing the gates as I went), I called my wife to let her know I was okay. Then I called the client to inform them of the completed job. They were happy and my check was on the way. The male legal secretary was astonished by the story. They had heard about my ability to track people down, but they never expected this. I didn’t either.

Serving papers can be interesting, dangerous, hair-raising, stressful, frustrating, sad, tragic and down right funny at times. I started out thinking this job was dangerous. I quickly found that it turned bizarre and then finally – sad. Later that day I was angry and within a week all I could do is try to forget. My emotions about the situation were not something you can pin down. If you don’t understand what I mean, let me put another way. This elderly woman wasn’t just a respondent or freak service. She is a human being. The woman had a long life. I’m sure at one time she could tell stories about her childhood in the 1930’s or something, but instead these unfortunate set of circumstances had her sitting on a toilet in a double-wide trailer in the middle of nowhere. Does anyone stop to think about stuff like this?

Most people haven’t a clue what process serving is about. There are real human dramas played out. Every once in a while, we have some odd-ball situation to deal with and it requires some really fast thinking on the job, instantly and with common sense. You have to leave your emotions at the bathroom door, every time.

I think the moral of the story, if there is one, is to expect the unexpected in every aspect of life. Always carry the right tools no matter what you’re doing, keep a positive attitude and remember your wits. I’ve aborted plenty of missions over the years because they were too dangerous, not worth it or logistically impossible. Sometimes you have to remember that Kenny Rogers song and know when to hold em, fold em, walk away and when to run.

Author bio:
Scott A Schlefstein is a former deputy sheriff and firefighter who ran his own legal support business for 14 years. Currently, he works as a writer and serves on a county commission for business & economic development. Scott lives in Northern California with his wife and two kids.

His newest book, Dream Tide, is available online through major retailers.