The 30 Most Popular Articles of 2015
- January 01, 2016
- by Kimberly Faber
Some are from the archives. . .
Some were published just this year. . .
Here are the 30 most-read articles of 2015!
1. Process Server vs. Sheriff: Infographic
When you need to have legal papers served, the choice between a process server and sheriff can be a difficult one. To help you decide, ServeNow created a graphic representation, or infographic, of data gathered from 100 paralegals, legal assistants, and legal administrators who have papers served regularly. The results were based on speed of service, customer service, knowledge of laws, success rate, and average cost.
2. "You've Been Served." To Say It, Or Not To Say It?
A recent discussion in the ServeNow LinkedIn Group raised the question of whether or not to tell the person they are being served. The line, ‘you’ve been served’ has grown infamous with films like Pineapple Express and other media-driven outlets. We’re curious, do you use the line or do you try to stay away from it?
3. Considerations for Process Servers When Serving Papers in Apartment Buildings
At some point, every process server has encountered the dreaded apartment building in which he or she must attempt to serve papers. These trepidation-inducing dwellings can be guarded or not, can be gated or not, and can be inhabited by “I don’t want to get involved” neighbors who are less than willing to help. These neighbors are often uncooperative regardless of the overt anonymity bestowed upon them when requested to confirm whether the defendant resides in the building, or to simply push a button and grant the server entrance into their self-proclaimed fortress of solitude which is not to be breached by any stranger regardless of whether proper ID is shown or not.
4. Assault on Process Servers Continues in 2015
Process servers have a job that would seem impervious to trouble, but it can be dangerous work, especially when some recipients become hostile, directing their anger toward the process server. When process servers are assaulted, the repercussions often fail to fit the crime. Not only are process servers just trying to do their job, they are also upholding constitutional rights by providing the defendant with due process. If we continue to allow process servers to be assaulted without serious repercussions, we are sending a message that constitutional rights don’t matter, and that is simply not true. Process servers and the important job they do should be legally respected.
5. How To Serve Legal Papers on an Indian Reservation
With over 300 Indian Reservations throughout the US, it’s probable that at one time or another, you might need to attempt service on an individual who resides within an Indian Reservation. It is undoubtedly a unique service request, and it requires special care due to the federal laws that protect Indian Reservations and those who reside within them.
6. Get More Clients With Process Server Introduction Letters
Process servers looking to enhance their marketing strategy or those who have recently entered the field might not know what to do to get their company name out there. Consider marketing your process serving firm directly to paralegals and legal assistants through introduction letters. Introductory letters are a great opportunity to present yourself and your services to potential clients, and legal assistants and paralegals can be a great source of repeat business.
7. Process Servers Finding Success with Leaving Calling Cards
After unsuccessful service attempts, some process servers leave behind written notice that they are trying to deliver something to the subject. This notice often takes the form of a letter saying there are legal papers waiting to be delivered, a missed-delivery card that is vague about what is to be delivered, or simply a process server’s business card. While many servers say they get great results from this practice, there are others who are hesitant about it and some who even disagree with its use.
8. New Law Threatens Traditional Process Service in Washington
Process servers in the state of Washington will notice some changes come January 2016 after the quiet passing of Senate bill 5387 into Washington law. The bill, which added new sections highlighting the manner in which process service can be effectuated on registered agents of corporations, may be a harbinger for things to come in terms of electronic service across the U.S. in the process serving industry.
9. Six Tips to Help Process Servers Get Paid on Time
As a process server, you likely pride yourself on quick and timely deliverance of your client’s papers. Sometimes you don’t receive the same courtesy when it comes to clients quickly delivering your payment. It is never enjoyable when process servers, or investigators for that matter, have to take on the money-chasing duties of the collection agencies they sometimes have as clients.
10. Events for Process Servers in 2015
A list of upcoming events for process servers in 2015 updated throughout the year. If you have an event for 2016 you'd like to see promoted, send an email with details to [email protected]
11. 7 Major Challenges Process Servers Are Facing
With unprecedented legislation and regulation changes, increased assaults and the continued debate on whether process servers or sheriffs are the best option for having legal documents served, the process serving industry faces a great number of challenges. ServeNow caught up with association leaders to find out what challenges process servers are facing in specific states and as an industry as a whole. What do you think is the biggest challenge process servers face? Vote in the poll at the end of the article.
12. Tips For Preventing Process Server Assault
As assault against process servers becomes more and more common, it’s important to know what steps you can take to protect yourself. Whether it’s adopting a certain tactic, taking self defense courses, or talking to experienced process servers, there are a number of ways you can ensure your own safety when out on a serve.
13. Serving Individuals With No Addresses or Names
When a process server is given a job by a client, they are provided with basic information in order to get the job done, which typically includes a name, address, deadline, and sometimes even a physical description or best time to serve documents. In some cases, process servers will serve unnamed individuals of a specific address to ensure that anyone and everyone residing at that location is properly notified of impending legal actions (this commonly happens in eviction cases). Getting this routine information is pretty standard among process servers across the U.S., no matter what types of cases they typically handle.
14. Many Process Servers Now Voluntarily Use GPS To Log Service Attempts
Process servers around the country have been using Global Positioning Satellites (GPS) to physically locate an address and serve defendants since technology changed and old-school paper maps have become nearly obsolete. GPS navigation became an excellent tool for civil process servers to get around with ease. However, it isn’t just GPS navigation that has revolutionized the civil process service industry; it is the multi-faceted functionality of GPS that has.
15. 8 Tips to Help Process Servers Avoid Trespassing Charges
Process servers sometimes find themselves in positions where they are walking a fine line between doing their job and trespassing. More and more, we are hearing that it is not uncommon for a person being served to call the police to say that the process server is trespassing on their property. Whether or not you have actually crossed that line may ultimately be up to the courts. But, you can often avoid the risk of criminal prosecution by using equal parts legal knowledge and common sense.
16. Should Process Servers Wear Disguises: A Discussion Spanning 3 Years
Though it's illegal in most jurisdictions, process servers wearing disguises has been a long-standing hot topic in and out of the industry. Process servers repeatedly explain that it is not the norm, but movies and media have perpetuated the process server as a snarky, disguise-swappin' paper pusher. That's really not the case.
17. Process Servers and Assault
Work can be worrisome for many reasons, but process servers have to consider their physical well being on top of their jobs every time they set out to serve papers. Assault on process servers is a common occurrence and there are laws that protect them, however, sometimes these laws are not enough. In our recent poll on the biggest challenges in the process serving industry, some voters listed increased assault as the biggest industry threat. But even though it did not receive the most votes it's still an important issue to pay attention to, and certain states are beginning to take things a step further and are make assault on a process server a felony.
18. The Benefit of Hindsight: Opening a 2nd Process Serving Business
When it comes to running a process serving company, everything from process and contracts to technology and marketing can have a profound effect on your business' success. It can be challenging to take a step back and re-evaluate processes while also focused on day-to-day tasks, but looking to other process servers for guidance and experience can help you identify where to get started. In Paula Ashcraft's presentation at ServeCon 2015, we learned about what the 22 year process serving veteran has done differently while starting her second business. Paula sold her first company, Legal Ease, in 2006. With a return to process serving and opening Greentree Legal this year, Paula discusses what has changed in the past nine years and how it is shaping her current business.
19. Process Server Gets Little to No Support from Police Following Altercation
To most people, process server assault is an unknown issue. However, within the industry, awareness regarding process servers and assault has been on the rise. More and more cases are being reported, such as the case involving process server Steve Hartman. Hartman was arrested while trying to server papers to a Texas judge. Cases like this bring up the issue of the relationship between law enforcement and process servers. Some process servers find recieving police backup while doing their jobs to be difficult and believe they do not receive the support from police that they need to do their jobs safely and justly.
20. New Scam Involves Fake Process Servers
The FBI Internet Crime Complaint Center is warning consumers of a phone scam. The scams involve harassing and non-stop calls from people alleging to be collection agents or other legal representatives. Scammers call a target endlessly, demanding immediate payment via credit card or debit card, but refusing to provide details of the alleged delinquent loan or arrest warrant. Disturbingly, in some cases victims have reported that people falsely posing as process servers have showed up at their homes or places of employment, claiming that they were serving papers but telling victims that they could avoid court action by giving the fake process server a debit card number. The FBI Internet Crime Complaint Center believes that the use of fake process servers is an escalation of the original phone scam and urges anyone who is approached in this manner to contact their local law enforcement, credit bureaus, and financial institutions about the matter.
21. Be a Professional on the Phone
When your phone rings, you should look at it as an opportunity to promote your process serving business and interact with clients. Your phone is your main source of communication with your clients, and many times how a client will make their first impression of you. Don’t lose business because of poor phone skills.
22. How to Serve Members of The U.S. Military
The members of the U.S. Military are brave, honorable people who sacrifice a great deal for the service of others and our country. However, military members, including those enlisted in the United States Army, Navy, Marine Corps, and Air Force, are not exempt from being served important legal documents via a process server, and it’s something that process servers all over the U.S. may encounter at one point or another.
23. California Code of Civil Procedures: Section 1011 in Review
The California Code of Civil Procedures, Section 1011 is one of the more misunderstood service of process codes by both attorneys and process servers alike. There is a part (a) regarding attorneys, and a part (b) regarding a party. The rules for each have some similarity, but more importantly, major differences. Over the years, certain aspects of the code have been misinterpreted and misapplied to specific other portions of this code. What emerged as a result are at least three general major misconceptions that I will address and clarify here. I have included a copy of the actual code at the bottom of this article for you to refer to, and have taken the liberty to make specific portions of the code stand out.
24. 5 Free Tools to Run Your Process Serving Business
Running a business can be stressful and expensive. Luckily, there are free online software applications that can help you run your office more efficiently. With these tools, communicate better within your company, offer more services to your clients and create a more professional appearance. While there are many software applications online, we decided to highlight our favorites.
25. The Benefits of Securing Government Contracts
Almost every government agency will need to procure the services of a process server or investigator at some point. Child welfare services or a city prosecutor may need a process serving company to handle their local serves or a State University may need an investigator to provide background checks on potential employees.
26. Extended Clip: E-Filing and E-Service Panel
When looking at the horizon of what's next in legal support, e-filing and e-service is always a part of the conversation. It's a concept that has been around for some time, and in this panel participants delve into the history as well as the latest in what's happening with e-filing and e-service.
27. 46 Top Process Server Smartphone Apps
Process servers and smartphones are a match made in heaven. Smartphones allow the on-the-move server to communicate, conduct research and take care of many other smaller duties that pop up at any given time. Along with the communications benefits of smartphones, you can choose from millions of smartphone applications (apps) that can help you accomplish goals ranging from finding the cheapest gas near you to plotting your daily routes.
28. How a New Name Changed One Man's Process Serving Business
In a profession that includes more than its fair share of small business owners, the one or two man shop operating out of a home is certainly not unheard of. According to applications from ServeNow members, about 35% of process serving firms are owned and operated by a single individual. In fact, 75% of process serving companies have less than five total employees. Amidst these small firms are hard working small business owners, often with tight budgets, who are working to brand, market, and grow their companies while still serving papers, filing with courts, and keeping up with client expectations.
29. Top Process Servers on Twitter 2015
Every year we put together an annual list of Top Process Servers on Twitter. Twitter is a great tool for interacting with peers, sharing legislation updates, related news, business tips, promoting associations, and more. The process serving community is an active group on Twitter, and every year we have active newcomers on the list.
30. Staying Safe On the Job
Throughout history, authors have recognized the danger that can come with delivering bad news – a job that process servers take on every day. From Antigone in 442 BC to Shakespeare’s Henry IV, part 2 in 1598, history has made reference to the dangerous positions in which messengers of bad news may find themselves. Unfortunately, these warnings aren’t unfounded. While most serves are executed safely and without incident, every so often we hear of a routine serve ending in tragedy. As early as October of 1883, The New York Times reported the assault of John O. Ball by John E. McCann, the clerk of Russell Sage, to whom Ball was trying to serve a summons. Time hasn’t seemed to change much. In May 2008, a process server in Loveland, Colorado was killed while attempting to serve divorce papers. While the process serving and private investigating communities grieved for one of their own, they also began a discussion of how to stay safe while on the job to prevent further loss.