RASCAL - Your Friendly Neighborhood Process Server

Validate your defendant before you sue!

2011-11-16T09:22:00.000-08:00

(FYI - This is written by a professional process manager and licensed investigator and is intended to inspire you to think before filing your Small Claims or other lawsuit. This is not intended to be construed as legal advice, and we urge you to contact an attorney if you have any questions or concerns of a legal nature!!)

Validation of your defendant before you sue may be crucial to your being able to collect on your judgment.

What do we mean by "validation"? OK...suppose you've got a claim against "XYZ Plumbing & Pedicures". You've asked them to pay and they haven't. Now you want to take them to Small Claims court. Before you file you should "validate" your defendant. You need to know what type of entity it is.

Did "Xavier Yanef Zarrego" file a Ficititious Business Name as "XYZ Plumbing & Pedicures"? Is "XYZ" merely another name that Xavier goes by"? If this is true, then generally speaking, XYZ is the alter ego of Xavier, and you'll want your judgment to be collectible, so you might consider suing as "Xavier Yanef Zarrego, individually and doing business as XYZ Plumbing & Pedicures".

Or maybe "XYZ" is a fictitious business name of a Corporation, Limited Liability Company, Limited Partnership or General Partnership, i.e. "Zarrego Enterprises, Inc. dba XYZ Plumbing & Pedicures". If so, you'll want to name your defendant entity IN THE MANNER IN WHICH YOU INTEND TO COLLECT YOUR JUDGMENT!!

Is XYZ a Corporation or a Limited Liability Company? Run the company name through the Secretary of State or Department of Corporations (depending on the state you're filing in) and find out. This information is important because a process server will need to know who the Registered Agent or an officer is for a corporation, who a Managing Member or Registered Agent is for a Limited Liability company.

Is XYZ a Limited Partnership? This information should be available through the Secretary of State. A General Partnership? Look for a Fictitious Business name and see in what manner it was filed - perhaps not an individual, but a partnership? If so, get a copy of the filing and name the partners individually and as partner in XYZ.

If you can't locate your defendant to determine the type of entity, first check with the business license division of the city in which they operate. Ask them to look up the license and tell you what type of entity they are, who signed for the license, and in what capacity.

Another way to find out is to contact your Secretary of State (or whoever handles Uniform Commercial Code filings in your venue) and see if any UCC liens appear. If so, what type of entity is XYZ? If your subject collects sales tax, check with the Board of Equalization (in California) and inquire as to their sales tax permit. What type of entity are they?

Is Xavier's name spelled right? Is the entity also known as "ZYX Pedicures and Porcelain Potty Patching"? (Note - in case you're wondering we made up these names so as not to malign any existing businesses!)

Also check the Bankruptcy filings to see if XYZ or Xavier has filed. If so, was it before or after the debt to you was incurred? If after, were you named as a creditor? What is the current status of the bankruptcy?

And not to complicate things, but you should also know that some businesses file as both a corporation or LLC and as a Fictitious Business. You may want to cover all bases and file your claim against the defendant as both and let the court sort it out while the defendant is under oath.

I know. There's a lot to filing a simple small claims, but you can save yourself time and money if you know who or what you're dealing with before you file. It's a lot easier to file correctly than to try to amend a judgment once it's been made. We've had clients who have attempted to levy a company bank account only to find out that there is a spelling error in the defendant's name, or that the defendant is actually a different type of entity than the one they sued.

RASCAL's Research & Location Services is a licensed California private investigation firm (CA PI #24790) who specializes in the validation and location of defendants for service of process. Our fees are very reasonable and depend largely on how much time we have to invest in the procedure, but in most cases, these fees are recoverable in California according to the Code of Civil Procedure Section 1033.5(a)(4)(b).

RASCAL's Research is the investigative division of Rancho Attorney Service of California (RASCAL), registered as #117 Riverside County. We're able to handle your validation, location and service of process for you. We've been in business since 1977 and we'll also be happy to provide references upon request.

Please feel free to give us a call if you'd like to discuss your pending case with us as far as validation, filing, and service. Keep in mind that all legal questions should be directed to an attorney and we do not provide legal advice.

Michele Dawn, Owner
RANCHO ATTORNEY SERVICE OF CALIFORNIA
RASCAL'S RESEARCH & LOCATION SERVICES
RPS#117 Riverside and CA PI 24790
28465 Old Town Front St., Suite 318
Temecula, CA 92590
(951) 693-0165
eMail: rascalprocess@aol.com
Website: http://www.ranchoattorneyservice.com/

defendant validation verify defendant entity Small Claims

A Dozen Questions to ask your Process Server!

2011-11-05T16:26:00.000-07:00

Temecula process server Murrieta process server Wildomar process server Lake Elsinore process server registered process server professional process server
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

Local, National and International Process Servers

2011-11-01T12:36:00.000-07:00

You have a court date and your defendant is no where to be found. Now what?

Call RASCAL (Rancho Attorney Service of California) and let us take the worry away. We are a licensed California private investigator AND a Registered Process Server. We specialize in effecting service of process. Through our state and national associations we can handle your service just about anywhere.

We've been in business since 1977. Our office is in Old Town Temecula. We'll be happy to supply you with references upon request.

If you're shopping for the lowest price, keep looking. We're competitive but we also work with you to provide the lasting results you expect from a professional organization. Knowledge, experience and ability come at a slightly higher price. Since your fees and costs are considered recoverable and added to your judgment if you prevail in the action, you will want a service with an excellent track record rather than a "cut-rate new-kid-on-the-block" price. We've never had a service quashed or set aside in 34 years. That's got to be pretty impressive.

Please feel free to call us at 951-693-0165 so we can discuss your needs and expectations. We also take MasterCard, Visa and American Express.

"RASCAL"

Damage Control - Are you up for it?

2011-05-11T08:04:00.000-07:00

(This is an article written by Michele Dawn, owner of Rancho Attorney Service of California, specifically for other national Process Managers. However, there's information in this article that will illustrate why you should hire a Professional Process Management company to handle your services. Internal audit procedures, flexibility, accountability and whether or not your service will survive a Motion to Quash is something many don't consider when they hire a process server!)

Today, we are checking court files to see if the defendants reportedly served by one of our recent subcontractors were defaulted or if they responded or otherwise made a general appearance. We're also reconstructing recent serves, including those that we have service reports on but the proofs or affidavits remain unsigned. These I am reserving for my clients and, even if they lose a few days, they'll ultimately have a clean, unquestionable serve.

Why?

Because we hired a highly recommended hot shot server in San Diego County toward the end of last year who seemed to be an eager beaver. He worked for several large foreclosure process agencies and they loved him. That was then. Before the wave of Motions to Quash hit the fan for these foreclosure firms. We've not had any bounce on us (RASCAL) and we thank our lucky stars for our systems of checks and balances. Others haven't been so fortunate.

Things to watch out for with subs:

1) The server doesn't answer his cell or you get clicked over to voice mail after a couple of rings.
2) He doesn't return his calls or text messages or emails in a timely manner
3) There are numerous attempts at a single address without his verifying that it's good, either by utilities or neighbors or other
4) When he finally contacts you, he has a list of excuses that would fill a notebook ("My eye was infected - I couldn't drive!", or "My son is graduating USC and I need to be with him!" or "My kid ran away and I'm looking for him!", "My phone was dead!", "I never got the service!", "I'm thinking of changing careers and I'm in training!". I'm sure you have heard them all at one time or another, and they always sound so believable.
5) His reports are convoluted and wordy without saying anything specific, and his descriptions are generic.
6) He has numerous sub serves or "John Doe" services, more than the average server.
7) The signatures on the work orders or proofs are dramatically different from previous ones, or from the final proofs.

You, as the primary agency, are only as good as your last serve. Your credibility is only as believable as the validity of the reports and affidavits signed by you or your people. And for God's sake....don't allow or accept any proofs unless they bear the original signature of the actual server that signed them. Compare it to the copy of the server's ID or bond you have in file to make sure.

This can happen to any of us. To tweak a W.C. Fields quote (apologies to Fields): "I never met a con man I couldn't trust!".

Michele Dawn, CA PI 24790 and RPS #117
Chief Investigator and Owner
Rancho Attorney Service of California
RASCAL's Research & Location Services

But we just SAW him last week!

2010-04-12T14:01:00.000-07:00

We just saw one of our clients in our office last week when he brought in some papers to be served. He and I did a lot of loving, too. Tummy rubs, scratchies...you know, the stuff a pup likes. He said he was 82 and a retired Marine who joined the service when he was only 17 and he actually fought in World War II. He was pretty chipper and talked a whole lot. He was in our office for a couple of hours, just talking. He seemed really happy to have us to visit with.

Today we got a call from his long-time lady love of 30 years cancelling service because he wouldn't be able to attend the hearing. He died last Friday. Well, gosh! That's pretty upsetting. Here today, gone tomorrow! You never know from one day to the next. In a split second ..."poof"....your flame goes out. I'm really glad we had the opportunity to be nice to him and make him feel good about his time on Earth.

Hmmmmm! Now, I'm taking this as a reminder to tell the people and pups that you care about how much you love them. That love might be the only thing they can take with them when they go to the "Bridge". It's the love that keeps your memory alive, and the love that keeps you warm on your forever journey.

God speed, Mr. Day! We know your spirit is still very strong here because we got the chills just writing about you. May you dance with the angels until we see you again.

Mary-Margaret O'Brien
Vice President
Public Relations

One Rotten Apple.....

2010-04-10T13:46:00.000-07:00

One rotten apple spoils the whole barrel, I've heard. There have been a few "process servers" lately that are pretty rotten. Those "bad apples" draw attention to the industry as a whole even though the bad ones are few and far between.

New York State is cracking down on those who take America's Constitutional right to "due process" lightly. See
this article from "Collections & Credit Risk" about the second process serving company to be shut down. The first was American Legal Process (ALP), also out of New York.

Our company, RASCAL (which stands for Rancho Attorney Service of California), has been in business for over 33 years. They follow the laws to the letter and have never had a service "go South". Our rates are competitive and our servers are honest, reliable and credible. There is always going to be someone who charges a few dollars less, but do they have the education, the licenses, and the character that you might rely on down the road if your subject contests service? Will you ever even be able to find that server?

We follow all State and Federal laws and regulations, but first and foremost, we follow The Golden Rule and treat our clients they way we would like to be treated. As strict believers in "Murphy's Law" ("Whatever can happen, WILL happen!"), we'll also back up our services 100% all the time.

We are here to SERVE!!

Mary-Margaret O'Brien
Chief Public Relations Officer
RANCHO ATTORNEY SERVICE OF CALIFORNIA
Licensed PI CA24790 and Registered as #117 Riverside County

Reliable process server Temecula Murrieta California located in Riverside County serving Lake Elsinore Canyon Lake Wildomar Winchester Hemet San Jacinto Fallbrook Anza Aguanga Warner Springs Bonsall Pala Valley Center Perris Menifee Sun City Quail Valley process server

FTC - Session 2 - San Francisco

2009-10-06T21:06:00.000-07:00

Session 2 - 9/30/09 - San Francisco <--- CLICK ON LINK

This is a bit over an hour long but very interesting if you want some insight into how problems are identified, bills created, and laws passed. It seems to me that everytime a situation occurs, politicians scurry around trying to solve the problem after the crisis is over.

Wouldn't it be nice if they could imagine what problems MIGHT be and solve them before they occur?

(sigh)

Michele Dawn
RPS 117 & CA PI 24790
Rancho Attorney Service of California &
RASCAL's Research & Location Services
28465 Old Town Front St #318
Temecula, CA 92590
(951) 693-0165
CALSpro NAPPS CAJP NCISS USPSA NAIS NNA
See our website at www.ranchoattorneyservice.com
MC - Visa - American Express

Response to A New York Comment on "Sewer Serves"!

2009-10-03T14:49:00.000-07:00

(NOTE: Please watch video before reading. Thanks!)

Interesting, huh? Garodnick's numbers and percentages are obtained how? "80-90% default judgments"? And of all the serves done, he says, "80-90% not served properly"? This was based on a "sample study", he says. "Egads!", I say. If 80-90% of services in New York aren't done properly, what about the rest of the nation?

He begins his speech by saying that it's about "strengthening the very foundation of our legal system". I'm guessing that he means the "right to due process", since he adds "the right to defend yourself in court", but that these 80-90% of defaulted debtors are "only learning they are being sued after they have lost", and "they have never been served with a summons".

So.....taking what, in my opinion, appears to be an obviously politically motivated presentation, based on a sample survey of debtors who defaulted, and Garodnick surmising that 80-90% of them were not served properly, I'm wondering why he's blaming the process servers? (Note: And a "sample survey" is how many exactly?)

Process Servers are disinterested third parties who follow written instructions to serve a defendant at a given address and provide a party to an action with "actual notice" which gives the court jurisdiction over the subject. The instructions are provided, for the most part, by COLLECTORS who are on a commission/percentage of what they collect, or by ATTORNEYS who are also either on a contingency or paid by the hour, or by JUDGMENT RECOVERY SPECIALISTS who have purchased the debt as an asset either by a futures contract or for pennies on the dollar.

How many debtors use the "But I was never served" defense? What percentage of those honestly, after receiving letters, phone calls and "final notices", really had absolutely no idea that the next step was a lawsuit? (a Homer Simpson "doh!" inserted here!)

When are the American people going to take responsibility for their own lack of action and the consequences of same? Why are WE, the professional process servers, expected to police our own industry when any nitwit can call themselves a "process server" without also having education, training and experience? I'm only referring to the states that have little or no requirements, or to California which can't bring itself to distinguish between a professional and some twit off the street that wants to supplement their income until they get a "real job"??

Now, maybe if we worked together to have a National licensing board? NAPPS (National Association of Professional Process Servers) maybe as a model and as a start? After all, isn't "due process" a FEDERAL right guaranteed by our Constitution?

"One bad apple and the whole barrel turns to mush!" is like saying "One lying, cheating politician and our whole country is run by idiots!", from the foot-tapping Congressman to the philandering Senators to the impeached President.

American Legal Process is solely responsible for their own wrong doings. They should be used as a perfect example of why our industry should have National regulation and distinct levels of responsibility.

Rantingly yours (but in good cheer),

Michele Dawn, RPS#117 Riverside
and Licensed PI #24790 California
RANCHO ATTORNEY SERVICE OF CALIFORNIA
& RASCAL'S RESEARCH & LOCATION SERVICES
28465 Old Town Front Street, Suite 318
Temecula, CA 92590
(951) 693-0165 or fax (951) 693-4056
email to: RascalProcess@aol.com

An Argument Against Electronic Service of Process

2009-09-19T15:37:00.000-07:00

Currently, existing law in many states provides for alternative means of service using any resource deemed appropriate to provide actual notice to the party being served IF ordered by the court. Is the Constitutional right to "due process of law" being threatened? Could the implementation of new technologies preclude the current procedure of making application to the court for an order directing alternative service?

As a private investigator (CA PI#24790) who specializes in "due process", Michele Dawn of RASCAL's Research & Location Services is actually working on cases where the subject was improperly served because of the "loosey-goosey" statutes that allow service to be made without proper verification by the server. Tightening up access to personal identifiers may seem, on the surface, to be protecting the American people. In actuality, it facilitates the problems of the American people as a result of bad serves.

Without the ability to verify the entity being served, and with the pressures being placed on the process servers by the legal and the collection communities to "just serve the paper", millions of Americans are finding themselves being defaulted on cases they never knew existed. How many of the volume service companies are finding themselves in the position of either serving the paper as directed or losing a lucrative monthly income? How many have been told "The post office says they're getting mail there...just drop it"? Many agencies insist that the attorney or collector put this in writing, but many others actually find themselves having to decide between their livelihood and their ethics.

Electronic service of process is currently available and being used by large companies who have contracts with corporate Agents for Service, such as CSC, but this is an option that they have agreed to implement. The National Labor Relations Board (NLRB) allows for service by email as of January 2009 IF there is an email address on file. If the documents have been electronically filed, and there is NOT an email address readily available, then the petitioner must first notify the defendant of the filing by telephone, and no later than the next day, by overnight delivery service, or with consent, via facsimile. To implement electronic service as the generally accepted method of service upon the vast population of the United States would be difficult, at best.

If "electronic service" ever supercedes the methods currently preferred, then we are going to be looking at a reversal to the days of "guilty until proven innocent". While technology has great potential for expediting information to the masses, it has yet to be proven as a reliable resource for expediting information to persons individually. Think of how many times any of you hit the "delete" key in one day, or ignore the telephone if you don't recognize the number calling. And then think how complicated your life would be if you were intimidated into reading ALL of your correspondence, and answering ALL of your calls because one of them might be informing you of a pending action.

Michele Dawn, RPS#117 Riverside
and Licensed PI #24790 California
RANCHO ATTORNEY SERVICE OF CALIFORNIA
& RASCAL'S RESEARCH & LOCATION SERVICES
28465 Old Town Front Street, Suite 318
Temecula, CA 92590
(951) 693-0165 or fax (951) 693-4056
email to: RascalProcess@aol.com

So You Want to be a Part-Time Process Server?

2009-07-25T14:49:00.001-07:00

We get calls, emails and people dropping by all the time who ask about being a process server. "After all", they say, "all you have to do is deliver the paper, right?" Here's an example of one request we received via email. Our subsequent exchange has been edited into this article:

"I am thinking of becoming a RPS (registered process server) to help supplement my income".

In response to your question, I know many men and women who have done this full time and been extremely successful. The idea that you can call your own hours, though, only works if you don't need to make much money. Clients want a no-fuss, no-bother type server who can be places whenever they need you there. Courts require "diligence" before a sub-service can be made on most Summons-type documents (in California, anyway). Diligence means different times, different days, around the clock.

If you are thinking only of working when it's convenient to your child's schedule or after you're finished working your "real job", you may be defeated before you've started. When I got divorced and took our Riverside office as my own I'd work 14 hour days or more, seven days a week. I served, proofed, wrote newsletters, studied laws and Appellate or Supreme Court decisions re service, joined associations, attended conferences and seminars and whatever else I needed to do to be able to honestly provide my clients with the best service possible.

When I contract with a server to work a designated territory, he's expected to serve according to the clients' needs and not his personal schedule. Anyone who says "Oh...but that's up a bumpy dirt road and I don't want to do that..." or tells me, at the last minute, he's "got to go to his kids' ball game so he won't be working today", will find himself without work unless he's previously made arrangements for coverage. If anyone of my office staff accepts a job, they're also committing that they'll handle it personally if the server isn't available.

Taking your child with you can be extremely dangerous, too. It wasn't even a couple of years ago that a female server (and paralegal) in Oklahoma took her 12-year old son with her to serve a paper and her son was shot in the head as he waited for her in the back of her pick up truck. One never knows the dangers out there, be they shotguns or pitbulls, or just plain crazy people. It's hard enough to look out for yourself without having to consider your child's safety, too.

Process serving is a profession....a full-time commitment, in my opinion. I handle my business that way. There will never be enough time to learn everything there is to know. California laws ...Federal....Out of State....Foreign...all different. Screw up a paper and it's your bond and livelihood on the line.

To the client, a server is only as good as the last job. Even if you're batting 1000 for a couple of years, if you mess up ONE time, they'll likely switch to another server.

You might pick up some day work from companies that get subpoenas and bank levies. But then you'd have to know what's involved in the service of each, and you'd have to be registered. The liability in levy work is extremely high, and a faulty writ service might see you ultimately held liable for the full amount on the face of the writ. In California, your bond is only $2,000.00 so any additional judgment awarded against you would come out of your personal (or corporate) assets and potential earnings.

Why don't you study first and see if you're up to it. Then get registered. Then talk to some companies in your area and see if they could use you for back up if their current sub-contractors can't handle the job. There are several good companies to work for. Once you get some knowledge and get registered, you could visit these companies and let them know of your availability.

Keep in mind that MOST companies hire their servers as independent contractors. They will not tell you how to do your job, train you, or provide cars or tools of your trade. To do so would be to violate the laws defining independent contractor vs employee guidelines.

MOST other companies also require that you carry your own insurance and have a business license and a fictitious business name on file, too, to further define the contractor/sub-contractor relationship.

If you want to offer process serving on your own and compete with these companies, be prepared to provide full vendor packets to some clients. That would include your licenses, registration, bonds, and fictitious business names. Your liability insurance carrier would also have to add your client as additional insured. I just did a packet for one of the Homeowner associations I do work for. They ask for everything before they'll even consider giving you their work. Same thing if you want to do work for cities, counties, etc.

Attorneys will rely on YOU to know your job. "Due Process" is only taught as a concept in law school, but the actual mechanics of it is left to the professional server. We need to know changes in the laws as they occur and inform our clients as soon as possible. You'll also need to know basic Rules of Court. Be aware of the proper venues, and the requirements of each. Your clients expect you to catch their errors, or at least they hope you will.

Your continuing education can be costly in both time and money, but you will find many potential clients "shopping" for the cheapest price without giving thought to the quality of the service. They truly think that all one has to do is make delivery of the papers. What they don't know yet is that the manner of service, if faulty in any respect, could cost them their judgment at a later date, and if the statute has run prior to the dismissal, they may also lose their right to pursue their matter through the courts.

"Due Process" is a Constitutionally guaranteed right as well as a privilege. You are the liaison between the court and your subject. You are a professional disinterested third person providing "actual notice" to a party in the action or a witness which will give the court jurisdiction over them in this matter. You are "The Process Server".

Michele Dawn, RPS#117 Riverside
and Licensed PI #24790 California
RANCHO ATTORNEY SERVICE OF CALIFORNIA
& RASCAL'S RESEARCH & LOCATION SERVICES
28465 Old Town Front Street, Suite 318
Temecula, CA 92590
(951) 693-0165 or fax (951) 693-4056
email to: RascalProcess@aol.com

About "RASCAL"

2008-01-28T09:10:00.001-08:00

Successfully providing quality service, local and nationwide, since 1977.
We specialize in defendant and witness locations.

Check our website for MORE INFORMATION

Rancho Attorney Service of California is bonded, registered #117 Riverside, and is a member of: CALSPro, NAPPS, NCISS, NAIS, CAJP AND USPSA.

RASCAL's Research & Location Services is licensed CA PI 24790

Rancho Attorney Service of California &
RASCAL's Research & Location Services
28465 Old Town Front Street #318
Temecula, CA 92590
Tel: (951) 693-0165
Tel: (951) 693-3333
Fax: (951) 693-4056
Email: Michele Dawn

Fees are calculated on a job by job basis. Please call our office for more information. Or you may download our Work Order and either mail, email or fax to our office with the first page of the documents you want served, and we'll respond with a quote.

Michele Dawn is the owner of "Rancho Attorney Service of California (RASCAL)" and "RASCAL's Research & Location Services". She is a California licensed investigator and Registered process server with over 31 years of experience. Her uncanny ability to locate and serve even the most difficult subjects has earned her a reputation for being one of the best Process Managers in the country. Her associates have informally dubbed her "The Princess of Process".

Michele's outstanding talent as an Internet researcher, combined with her experience as a top-notch skip tracer, and what many call a "sixth sense" about people and their patterns, has consistently provided accurate and expedient return of service to her many national and international clientele, including US Government agencies, Fortune 500 companies, law firms, and individuals.

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