Handling Difficult Serves: Tips and Techniques for Process Servers

Process serving is an essential aspect of the legal system, ensuring that individuals are properly notified of legal actions involving them. While many serves go smoothly, some situations present unique challenges that require special strategies and techniques. This guide explores the best practices for handling difficult serves, providing process servers with the tools they need to ensure successful delivery of legal documents even in the most challenging scenarios.

Understanding Difficult Serves

Difficult serves can arise from various situations, including:

• Evasive Recipients: Individuals who actively avoid being served.
• Hostile Recipients: Individuals who react aggressively or threaten the process server.
• Complex Locations: Gated communities, secure buildings, and remote areas that are hard to access.
• Unknown Addresses: Situations where the recipient’s location is unknown or has changed.

Preparation is Key

Before attempting a difficult serve, thorough preparation is essential. This involves:

Research

• Background Check: Conduct a background check on the recipient to gather any useful information, such as their work schedule, frequent hangouts, and social media activity.
• Previous Attempts: Review any previous attempts to serve the individual to understand what methods have been tried and why they were unsuccessful.

Planning

• Best Time for Service: Determine the optimal time to attempt the serve based on the recipient’s habits and routines.
• Support: Consider having a colleague or law enforcement present if you anticipate hostility or if the serve is in a high-risk area.

Techniques for Evasive Recipients

When dealing with recipients who are actively avoiding being served, the following techniques can be effective:

Surveillance

• Observe: Spend time observing the recipient’s home or workplace to identify patterns in their behavior.
• Disguise: Sometimes, disguising yourself as a delivery person or other neutral party can help you get close enough to serve the documents.

Timing

• Early Morning or Late Evening: Attempt serves at unconventional times when the recipient is more likely to be at home.
• Weekend Attempts: People who are difficult to reach during the week may be more accessible on weekends.

Use of Technology

• GPS Tracking: Use GPS tracking to monitor the recipient’s movements if legally permissible.
• Social Media: Leverage social media platforms to gather real-time information about the recipient’s location.

Managing Hostile Recipients

Hostility can make serving documents dangerous. Here are some strategies to mitigate risks:

Safety First

• Personal Safety: Always prioritize your safety. If you feel threatened, leave the situation immediately and report it to the authorities.
• Backup: Bring a colleague or inform local law enforcement before attempting the serve.

Professionalism

• Calm Demeanor: Maintain a calm and professional demeanor. Do not engage in arguments or escalate the situation.
• Documentation: Record the interaction if possible, and document any threats or aggressive behavior in your service affidavit.

Legal Measures

• Court Orders: In cases of extreme hostility, you may be able to obtain a court order to complete the serve through alternate means, such as service by publication or posting.

Accessing Complex Locations

Complex locations, such as gated communities and secure buildings, require strategic planning:

Prior Arrangements

• Contact Management: Contact property management or security personnel ahead of time to arrange access.
• Official Identification: Always carry official identification and any necessary paperwork to present to security.

Collaboration

• Neighbors and Colleagues: Sometimes, neighbors or colleagues can provide access or information about the recipient’s schedule.
• Delivery Services: Teaming up with delivery services that have regular access to these locations can also be an effective strategy.

Finding Unknown Addresses

When the recipient’s address is unknown, skip tracing becomes crucial:

Skip Tracing Techniques

• Databases: Use public and private databases to find current addresses and contact information.
• Interviews: Conduct interviews with known associates, such as friends, family, or neighbors, to gather leads.
• Public Records: Access public records, such as utility bills, voter registrations, and property records, to track down the recipient’s location.

Leveraging Technology

• Digital Tools: Utilize digital tools and software designed for skip tracing to cross-reference information from multiple sources.
• Social Media: Social media can provide clues about the recipient’s location through posts, check-ins, and shared images.

Case Studies and Real-World Applications

Case Study 1: Serving a Hostile Recipient

A process server was tasked with serving divorce papers to a recipient known for being hostile. The server conducted a thorough background check, identified the best time to approach, and enlisted the help of local law enforcement. By maintaining a calm demeanor and documenting the interaction, the server successfully delivered the papers without incident.

Case Study 2: Navigating a Gated Community

In another instance, a process server needed to serve foreclosure documents in a gated community. By contacting the property management in advance, presenting official identification, and scheduling the service during the recipient’s known availability, the server gained access and completed the serve efficiently.

Case Study 3: Locating an Unknown Address

A process server faced the challenge of serving a lawsuit notice to an individual who had moved without leaving a forwarding address. Through diligent skip tracing using public records, social media, and interviews with the individual’s former neighbors, the server successfully located the new address and completed the service.

Conclusion

Handling difficult serves requires a combination of preparation, strategic planning, and professional execution. By understanding the challenges and employing effective techniques, process servers can overcome obstacles and ensure the successful delivery of legal documents. Continuous learning, leveraging technology, and maintaining a high level of professionalism are key to thriving in this demanding field. Whether dealing with evasive recipients, hostile individuals, complex locations, or unknown addresses, the strategies outlined in this guide provide a comprehensive approach to mastering difficult serves.