Process servers perform a challenging job. They must use limited resources to locate a stranger who may or may not want to be found. All the while, servers must comply with various state and county laws, keep up communication with stakeholders, and avoid injury. Just a few of the challenges process servers face include:
Evasion
No one likes being served, but some avoid it at almost all costs. People will go to great lengths to evade a process server, especially in cases involving large amounts of money. Unfortunately for them, avoiding the process server does not stop the legal process. If avoided long enough, the Court will allow the process server to serve by substitution or publication, meaning they don’t have to personally hand the paperwork to the person being served. Avoiding service makes the entire process longer and more expensive.
Jurisdiction issues
Process servers must be registered in the county or region where they serve. When a party to be served is outside of the area where the process server is registered, jurisdiction issues can arise. Here in Fort Myers, we are part of Florida’s 20th Judicial Circuit. Process servers registered and approved by the 20th circuit can serve process in Lee, Charlotte, Collier, Glades, and Henry counties only. Any location outside of these five counties must be served by a process server approved for that county and its judicial circuit. The same applies to parties who flee out of state. Laws in that state must be followed, and coordination might need to happen with process servers in that area.
Physical violence and threats
Vulgar language, threats, and even physical assault are all very real dangers for process servers. Process servers are tasked with entering unfamiliar places to find a stranger, which can put them in vulnerable positions at times. People often do not want to be served, and in some cases, can become violent with the process server out of anger over the situation. Divorce proceedings or custody hearings can bring out very raw emotions for people, and process servers are often caught in the middle. Insults and threats are common, and in extreme cases, process servers have even been killed.
Legal liabilities
No matter how thorough the process server is, some people will still try to say that they were not properly served or not served at all. Deceptive tactics like these usually don’t sway the court, but they can make more work for the process server as they have to find proof and documentation that the service took place as they said. If a defendant can prove that service was improper, the entire case could be dismissed, leaving the process server with possible legal liability for the plaintiff’s losses. Some locations require process servers to be bonded to cover some of these potential issues, but without an agreement otherwise, the process server could be held responsible for losses and fines beyond the bond amount.
Every job comes with its unique set of challenges, and process serving is no different. Process servers must deal with a constantly changing workspace, interact with new people frequently, and protect themselves from potential violence. Only experienced process servers can navigate this complicated field and still provide successful proof of service for your case. Call Accurate Serve in Fort Myers today for all your firm’s process service needs, and let us handle the challenges for you.
