Saturday, November 5, 2011

A Dozen Questions to ask your Process Server!

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When "shopping" for a process server, here's a few things to ask about:

1) How many attempts will they make? Unlimited? Or do they charge again after three or four tries?
2) Will they file your proof of service for you?
3) Are there hidden charges? Some companies add a surcharge for mileage and/or gasoline, or for mailing on a substitute service.
4) Is your process server currently registered?
5) Do they possess a business license?
6) Insurance?
7) What professional process serving associations do they belong to? NAPPS? CALSPro? USPSA?
8) How long have they been in business?
9) Do they discuss the statutory last days for service so you can get an extension if you're out of time (or almost) before handing over your money to them?
10) Will they back up their service if your defendant says they weren't served? And how long do they maintain their records?
11) Once they get your paper and your money, do they keep you advised of the status?
12) If you're requesting service of an out of state paper, does their fee include preparing a court compliant affidavit and having it notarized?

Cheap isn't always better! For example, in California Small Claims cases (generally) your filing fees and service fees are added to your judgment if you prevail and so you will be reimbursed those process server fees from the defendant as part of the judgment.

If you're looking for a "cheap" server, you'll always find someone who will serve your papers for a few dollars less than the next guy. They can do that because they might not be paying insurance, rent, association fees, or other business expenses. They might be working out of the trunk of their car and using a pre-paid cell phone. But where will they be when your defendant files a Motion to Quash or Motion to Set Aside a judgment because they say either that they weren't served or that they weren't properly served?

Is it worth a few dollars to have to start all over again? The validity of your service is the foundation for the rest of your entire case. A professional process server is not the same as a delivery person. They are required to comply with the codes relative to the court of venue, and those are voluminous.

Ask your questions before you place your documents with the "cheapest" server. You may end up getting what you pay for.

RASCAL

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