The 4 Biggest Frustrations Paralegals Have With Process Servers
- July 08, 2013
- by Kimberly Faber
- Business Tips
A few months ago, I asked a group of paralegals to share what has been their biggest frustrations in working with process servers. I also invited them to share their praise and reasons they’ve decided to continue to work with specific process servers.
We’ve compiled the information below in order to give process servers some insight on what is and is not working for some paralegals. While the information is useful, it is important to remember that every paralegal will have their own preferences when it comes to having papers served.
Here are 4 big frustrations paralegals shared they’ve had with process servers
1. Failure to communicate
Communication was the first point brought to light in the conversation. Lisa Voorvart, a paralegal in Connecticut shared that her largest frustration with process servers is, “Failure to communicate with the paralegals sending them business.”
2. Failure to perform service as directed
“I always send a letter to the marshall or process server giving a directive or service and citing the applicable statute,” Voorvaart also added. “It is frustrating when the marshal or server doesn’t take the time to read our directions. Other paralegals noted that they take the time to provide direction and necessary information to the process server, and it seems from the discussion that the best practice is to thoroughly read any information provided by the paralegal.
3. Not getting the papers served.
Bob Davidson of Colorado shares that when a defendant does not get served he is often in a situation where he must take personal flak from the attorney. “[It’s] because they haven’t been served, despite the process servers’ best efforts,” he said. “That was a greater frustration that was hard to bear at times.”
4. The cost of service
“For me,” April Williams, a paralegal in Alabama shared, “it has been the expense. I understand an expense coming from a server having to hunt and stalk a person, but for those quick and easy service jobs, the expense has been the issue.” Williams shared that she’s dropped process servers in the past due to expense alone.
With that, failure to communicate, failure to follow direction, not getting the papers served, and expense were listed as the major issues for this group of paralegals. Though there may be minor issues in the process, these four points appear to be the major focus when a paralegal is deciding whether or not to work with a select process server a second or third time.
What we've learned
While the paralegals shared their major frustrations, they were also quick to share stories of process servers going above and beyond. In reading the positive comments, we’ve learned the following three things:
- Being equipped with software and strategy makes a difference.
- Customer service goes a long way.
- Reliability and effort trumps cost.
There are certainly a number of other items that can affect a paralegal's opinion. See the below comments from paralegals as they share stories of what process servers going above and beyond has meant for their firms.
Positive feedback from paralegals
Bob Davidson, after sharing his frustration with not having document served, praised the firm that he has found to work with. “Our firm found an excellent, professional process serving company,” he said. “It was a husband-wife team. They were fully equipped with databases and skip tracing software.” He also shared that they had ample strategies to bring to the table. “They won my loyalty when they served, in a weekend, a defendant who we tried serving for weeks,” he said.
They won my loyalty when they served, in a weekend, a defendant who we tried serving for weeks.
Bob Davidson, paralegal
“I try to have a phone conversation with the person who will be serving the papers. Keeping in mind that I deal primarily with family law issues, I try to send a picture of the person to be served and usually tell the process server that this person will try to avoid service (or has successfully avoided service when someone else tried to serve them),” Karen Stilley shares. “If I don’t hear from [the process server] in five days, I call them to get the status. Of course, if you are dealing with hundreds of lawsuits, my process would be time prohibitive.
Sarah Twyford, a paralegal in Ohio, has used the same two process servers for the past fifteen years. “I split them up between counties, plus one is rough-and-tough and the other is clean cut,” she shared. “I don’t have any problems. They check their boxes at court and drop off the documents (filed with the court) that the party has been served.”
They aren't the cheapest, but I know exactly what I'm paying for and they'd be a bargain at twice the price.
Kelly Brady, paralegal
“I’d like to cheerlead for a moment,” Kelly Brady, a paralegal out of Wisconsin starts. “Once you find a server who goes the extra mile, the rest is cream cheese.” Brady notes that her process server has found the unfindable and that she received her first non-serve this week after three or four years of working with her chosen firm. “They’ve gone the extra mile by paying the clerk’s filing fee when I’ve once or twice forgotten to include it,” she shared, noting other examples like scouting the premises on foreclosure serves to communicate anything that should be known to the client. “They put the knowledge they’ve gained in working with dozens of large law firms to work for me so I got that benefit,” she said. “They aren’t the cheapest, but I know exactly what I’m paying for and they’d be a bargain at twice the price.”