Strategies for Staying Safe as a Process Server

• August 19, 2009
• by ServeNow.com Staff

“No man delights in the bearer of bad news.” – Antigone, line 277, Sophocles, 442 BC
“Don’t shoot the messenger.”- Henry IV, part 2, Shakespeare, 1598 AD

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.

A poll recently was conducted on ServeNow.com’s Yahoo! Group asking members if they have decided to take additional measures to ensure their safety in the wake of recent news on the dangers of process serving. 42% of the respondents replied that they have since taken additional precautions to ensure their personal safety while on the job. Even among those who have not taken additional safety precautions, the general consensus was pretty much the same – the best tools a process server can rely on are awareness and common sense. However, common sense and diligence can only carry one so far. Recently, a process server in Battle Ground, Washington was shot at while attempting to deliver legal documents regarding a debt. When emotions run high, it can be hard for those being served to remember that the process server, by law, is an uninvolved third party to the case. The best thing to do when tempers start to mount is to stay calm and know that you are prepared.

What does it take to be prepared? Matt Klein of Sunshine Legal Services in Eugene, Oregon uses the Cooper Color Code to “demonstrate where [a process server’s] mind should be when out in the field.” The code ranges from white, the stage in which one is completely unaware, to red, which is “fight mode.” Klein recommends that a process server should be in the mindset represented by code orange – aware of potential hazards and how one would react to that hazard – when approaching the house. “Notice the whole picture,” Klein says. In addition to being aware of your surroundings, Klein also recommends process servers “keep an appropriate amount of distance (two and a half feet is personal space), in case someone decides to attack. Know how you’re going to defend yourself.” He also recommends that process servers practice, practice, practice! Run over scenarios in your head or with other agents. When in a stressful situation, you will do what comes naturally, which is why practice is so important.

The old sports adage, “A good offense is the best defense” is particularly true in the service of process. Michael May of Fast Process Service and Investigation in Louisville, Kentucky provided several quality tips for being prepared.

• Have a game plan.

• Know where the exits are before approaching a house.

• Never park in a driveway where you can be blocked in by another vehicle.

• Never turn your back on someone you are serving or have served.

• Always have your cell phone charged and handy.

• If you know a serve could create strong emotions, such as a restraining or protective order or divorce papers, ask your local law enforcement to accompany you.

• Trust your gut – if you feel like you are heading into a dangerous situation, leave.

• Use your common sense and expect the unexpected.

Linda Jones of Jones & Associates in Tulsa, Oklahoma, seconds that. In her 32 years of experience, Jones has learned the most important things process servers need to remember are to “trust your instincts – trust your gut. If something doesn’t feel right, don’t go there.” Also, “be courteous and professional at all times.” Jones says the best way to stay calm while the subject’s temper is rising is to “remember it’s not about [you]. It’s about their problem, and they’re taking it out on [you].” Other advice she gives is to smile a lot, to not raise your voice just because the subject is and to stand far enough back from the door so you can’t get hit by it when it’s opening.

A common debate surrounding the issue of the safety of process servers is whether or not to carry weapons. Many process servers carry a nonlethal weapon, such as pepper spray, but is it necessary to carry a gun? Mike Bailey of Arnold, Missouri carries a gun with him while on the job. He stresses, however, that this is not for everyone. Bailey practices at the shooting range often and is required by the St. Louis Sheriff’s Department to pass a shooting test bi-annually when renewing his Special Process Server licensing. He feels that if someone is trained and confident with a weapon, then they should use their judgment as to whether or not to carry one. Bottom line, according to Bailey, is, “if there is doubt [about carrying a weapon], DON’T.”

In addition to these precautions that every process server should take, some process servers have unique ways of protecting themselves while on the job. Ross Radke of Angel Private Eyes in Ottawa, Illinois has an unusual partner that serves papers with him – a canine companion. A dog trainer for many years, Radke takes his German Shepherd Nadua with him when he feels like a situation might be dangerous. Radke says Nadua “gives you the heads up early so that you can get out of a bad situation without it escalating.” While he thinks this method is great for others, he stresses the importance of having the time, space, and attitude to both live and train with your dog, along with the importance of having a well-trained dog with an even temperament. “Nadua,” he says, “is very friendly. People that get intimidated are the ones I need intimidated. Good people she senses. Bad people raise her up to alert.” With or without Nadua by his side, Radke’s best advice for staying safe while on the job is to be aware. “The time it takes to look around and assess for possible dangers is minimal compared to the payback of going home safe to your family,” Radke says.

Reverend A.T. Hodge of C.O.P.S. – Complete Ohio Process Service in Columbus, Ohio prefers to use the element of surprise – by serving papers from a limousine. He first started serving papers thirty years ago. He has worked in Los Angeles, Miami, and now serves the state of Ohio. He has found that the safest tactic is serving from a limo – people assume you have back-up inside, which makes the limousine less approachable. Hodge says process serving “can be simple and can be pretty dangerous.” He recommends that process servers look at all the warning signs before approaching a serve…”Extra Sensory Calculation (E.S.C.) helps you stay alive; look before you leap.” Hodge advises process servers to do a background check on the subjects for each serve and use the information you find to your benefit. One example he provided is that, if a person is a known alcoholic or drug addict, its best not to attempt to serve them on the first of the month or on Friday or Saturday nights – the nights Hodge says are the most likely they’ll have been indulging in their favorite vice. Above all, Hodge recommends that process servers use common sense.

Whether someone serves eight or 800 papers a year, it is important to remember that personal safety should be the number one priority – a serve can always be attempted later. Hopefully with a little common sense, vigilance and preparedness, process servers can continue to safely act as agents of the court and deliver important legal documents without harm.