4 Tips To Help Process Servers Improve Proofs of Service

• June 15, 2010
• by ServeNow.com Staff

It’s the nightmare scenario for a process server: The affidavit of service has been questioned. You’re in court and a lawyer is drilling you with questions about something that happened months ago. What did the house look like? Were there cars in the driveway? Did you check with the neighbors? You don’t recall the answer to any of those questions. Your clients are angry, your bosses are angry, and your reputation is toast.

How can you avoid this unfortunate situation? ServeNow.com talked to two experts for some tips.

Sign your own proof of service.

The person who actually performed the service should always be the one who signs the affidavit of service, either electronically or in person.

Looking for a quick turnaround, some companies have process servers turn in their notes to other employees, who create the proof of service and sign it. This is unacceptable, said Bob Musser, a member of the National Association of Professional Process Servers (NAPPS) board of directors. Musser is also president of the Florida Association of Professional Process Servers and president of Database Services, Inc.

Process servers are certified as individuals: Jerry is certified, not Jerry’s company. Further, Jerry is the person who actually performed the service, so Jerry needs to review the affidavit before his name is affixed to it.

“You’re basically betting your license with each affidavit of service,” Musser said. “You can’t pass that right along.”

Companies that do not want to wait for the process server to review the document in person should look for ways the server can sign from afar, either from a website, through e-mail or on a handheld mobile device, Musser said.

Pay attention to detail. Check for grammar and spelling errors.

Each proof of service is a legal document certifying that a person was given notice to show up in court. But sadly, Musser said, the importance of the document can sometimes be trivialized when people try to do 17 in a day.

“Too often people get in a hurry and they start acting as if we’re in a high-volume, mass-merchandise type of business,” he said.

The fast pace can lead to carelessness and simple errors, such as spelling and grammar problems. Process servers should review each affidavit of service carefully to make sure the work isn’t sloppy, Musser said.

Process servers are trying to present themselves as professionals, he said. If a legal document signed by the server is messy and full of errors, it contradicts that mission – plus, it’s just bad form.

Take notes in real time – not from memory later.

Some process servers use a clipboard and a form to take notes, while others use electronic handheld devices to help. The need for speed is growing, as attorneys are coming to expect nearly instant updates from servers, especially in foreclosure and collections cases.

But running from house to house and then doing all the notes afterward could lead to a dangerous situation for process servers, Musser said.

In such a situation, the server could become confused, remember something incorrectly and record improper or incomplete information.

“The worst thing that could happen would be that you get the facts backward … and then somebody would be able to refute what you said and you’ll look like an idiot,” Musser said.

It could also hurt the process server’s reputation and professional integrity, and might even be a career-ender. Servers can avoid those easy-to-make, impossible-to-undo mistakes with just a few minutes for note-taking after each encounter.

Steven Janney, of Janney & Janney Attorney Service, is also treasurer of the NAPPS board of directors and president of the California Association of Legal Support Professionals. Janney said he takes notes as soon as possible after performing the service while considering his own safety.

“I would never fill out the report sitting in front of a guy’s house because you don’t know if he’s going to get angry or upset,” Janney said. Instead, he drives down the block or a couple of blocks down and then fills out the report. He never waits until the end of the day to make his notes.

“I think that professionalism is the key, and you should do as much as possible to protect your client and to ensure that the paper is properly served,” he said.

Make sure your notes are complete and stored for a long time.

One piece of advice Janney always gives the process servers who work for him: “You never know which service is going to jump up and bite you.”

It can take six or eight months for a service to be questioned, he said. By that time, process servers cannot rely on their memories of a service. They need thorough field notes.

“Ninety-nine percent of the services are never questioned, and if you knew what that 1 percent was going to be, you’d take real good notes on that one,” Janney said. But because it is impossible to know, Janney said process servers should always include the following information in their field notes:

• A description of the person served
• A listing of cars in the driveway
• A listing of previous attempts (with dates and times)
• How the process server verified the address (with a neighbor, checking utilities, etc.)

Janney said his company keeps copies of all process servers’ field notes for five years. But each process serving company can set its own policy about how and how long to store those records.

Some companies scan the field notes. But Janney warned that anyone who scans the notes should make sure the document is saved in such a manner that it can’t be modified electronically, and the file should be backed up somewhere.

Individual process servers should know company policy on storing the notes, Janney said. If the company does not store the notes or does not do so for long, process servers should keep their own copies to protect themselves in the event a service is challenged.

Many process server businesses are turning to software to improve the accuracy of their proofs of service. Certain programs, such as ServeManager, enable process servers to log in while in the field and enter notes about the job. With ServeManager, process servers can generate field sheets that note important details such as attempts made, who’s being served, what’s being served and special instructions.

To learn more about becoming a member of ServeNow.com’s trusted network of process servers, contact us online or call (877) 737-8366.

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