Process Servers Finding Success with Leaving Calling Cards

• August 24, 2011
• by ServeNow Staff

Editor’s note: This article contains opinions from process servers across the United States. Their techniques may not be legal in your area, so make sure to research what your own state or county allows. ServeNow does not endorse any of these practices - we are simply giving process servers a forum to discuss what works for them.

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.

ServeNow wanted to learn what servers think about leaving notification, so we posed the question to our LinkedIn groups. Here’s what some group members had to say about their preferred methods.

1. The straightforward approach

Some servers achieve great results by simply leaving a business card and/or note saying that they are process servers and have legal documents to deliver. Several group members say they have been doing this successfully for years.

Ken Cote, a process server and investigator in Michigan, says, “I always leave a business card stating I am a process server and have documents for them. If the person has moved many times new homeowner/tenant will call and advise me. My return call back rate is about 40%. My second attempt I leave a Notice of Action explaining because of their attempts to evade service I may serve them at their place of employment or any public place. Call back rate is 70%.”

C.D. Anderson, of Utah, said: “I leave it to the server's discretion. If they want to waste time and gas money to keep running back, they don't have to leave a card, but the servers who use them find they are more often a help. If no one calls, we still have to go back and we have something to say on the affidavit (card gone), but if they DO call, we make an appointment and it's usually a sure serve!”

Jackie Williams, from Texas, says: “I leave a business card usually after the 2nd attempt.  I leave a business card after the 1st attempt if it’s across town from my office. I find it to be very effective. Most people call back, and my next attempt is successful.”

2. Leaving a missed-delivery door hanger

An approach used by many servers is to leave a door hanger on the subject’s door. This card notifies the person that there is a delivery waiting for them and that they need to contact the delivery person (the process server).

“Our missed delivery cards look just like our business cards except the "& Process" is left off and the back is printed with, "Sorry we missed you, Please call our office at the number listed below to reschedule delivery.” The server hand writes his cell number and name on the card. We get a very good response with these cards and have been successful in serving many people that other servers have been unable to serve,” said Kyle Bowers from Texas.

Tracy Simek, from Washington state, writes: “We use a door-hanger similar to a commercial delivery notification, the occupant is notified that we have a "delivery" and are trying to reach them, contact info and tracking number is provided. Works great in all but the most difficult serves, I'd say the response rate is 60-70%. It's particularly effective when the server is having a hard time getting anyone home, sometimes you just can't discern the pattern of activity at a residence from the limited time you're there for attempts.”

Bruce Samuelson, from Washington state, says: “We use a generic, abbreviated door hanger. I would caution putting any words on envelopes or otherwise, that can be construed as practicing law … such as "need or must or should be responded to" as that can be construed as giving legal advice.” Samuelson provided an image of the door hanger he uses, which you can see at left, but he says he is currently creating a new one.

3. The polite-but-firm reminder that more service attempts will follow

Some process servers get right to the point and warn the subject that if they don’t contact the server soon, they will be subject to further service attempts.

John Abbott, from California, wrote: “I use the postcard size Avery formats and it has IMPORTANT NOTICE in large letters then Lassen Attorney Service in large letters “This firm has legal documents to be served at this address. In order to make sure we have the correct person please call us at (my office and cell numbers). It is important that you contact us as soon as possible. Not contacting us will result in continued personal attempts to contact someone at this address. This card was left on____.” The positive response rate is over 90% and many will come to me to be served. I try to leave it where it can be seen from the street and then include the details for further attempts if it is still there or not.”

Dale Carden from Tennessee, writes: “I leave a bright green card stating that legal documents in your name have been issued by the court, to avoid being served late at night or early in the morning or at your job call Dale at 1-901-000-000.”

4. Notice to Evader form

Nelson Tucker, from California, shared a form that he leaves for people who are evading service of process. He is careful to note that the letter is legal in California, but may not be acceptable in other states. The form notifies the person that a registered Los Angeles process server is attempting to serve legal documents, and strongly urges the person to contact the process server. Some Yahoo group members noted that using that form in their states and labeling someone an “evader” would lead to penalties. To take a look at his sample form, visit the post on the process server Yahoo group.

Concerns over leaving a calling card

Not all process servers who responded to our question were high on the idea of leaving notification. Some argue that in certain situations it’s not wise to alert a person of your intentions because it can help the subject evade service.

Ron Rugen, from Missouri, wondered: “Just a thought, but would leaving your business card and overtly telling someone you're trying to serve them, have a lot to do with the type of summons you are serving them with? I would guess collections cases would be less likely successful with this approach since they are feeling cornered with the collection calls they are already likely receiving.”

John Abbott followed Rugen’s post with: “Who, what and where can all affect your decision on how you proceed with service attempts. In general, a person who owns a house, or works a steady job, cannot successfully avoid service as long as your state allows substitute service. However, some family law cases can be affected by who gets served first. Husband lives in KC, wife in St. Louis. Venue can go to the party getting the other served first. Leaving a card may not be a good idea, and calling ahead can be equally bad. Just because a person gets a collection summons does not mean the person is a flake, or even actually owes the money at all.”

Conclusion

Thanks to all of the process servers who took time to share their thoughts about what works well for them, and their concerns about certain practices. It’s always helpful for new and veteran process servers to learn tips and tricks from their peers. There are several longer responses in the groups that we couldn’t print for space reasons, so please visit our groups to read those and contribute your own responses. From time to time we post questions and surveys to gather information for articles, so be sure to join our LinkedIn groups and contribute to future articles!