HOW TO TREAT A PROCESS SERVER

Process Server Killed Serving Papers

LOVELAND, Colo. — A man arrested on suspicion of killing a process server who had handed him divorce papers was also strangling his two children when deputies burst into his home, authorities said Thursday. Deputies were called to the home at about 8 p.m. Wednesday after the man’s wife called 911 for help.

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Orange County Register Interview

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Robert Young is a licensed private investigator and has been in the industry since the mid-1990s, when he worked for a large firm in Northern California as an undercover operative. His work usually is linked to the legal milieu in some fashion. Sometimes he works directly for attorneys; other times, he works for private citizens, insurance companies or businesses. A PI’s findings often are presented to an attorney as a starting point for seeking some kind of legal redress. Because anonymity is a tool of his trade, we have not included his photo.

Q: How do private citizens or businesses use private investigators?A: For instance, a person might have obtained a judgment against another, and in an attempt to collect, they want to know if the person has any assets. That’s where the PI comes in. He can locate assets such as real property, monetary funds, vehicles, businesses and so on. A good PI will also run a background, to check for other judgments against the judgment debtor, as well as state and federal liens, which in most cases would take precedence. An asset search on a pre-litigated matter lets a person know whether it’s worthwhile to hire a lawyer to pursue collection. In other cases, individuals may want the PI to watch a possibly cheating spouse, or determine if the ex spouse who says they cannot pay the child support might actually be working. Perhaps a business will hire a PI to conduct surveillance to see if employees are engaging in theft or activities other than their job duties.

Q: How do attorneys typically use private investigators? A: Family Law attorneys request assignments for custody cases, to determine if a parent is abusing alcohol or drugs while that parent has custody of the children. They ask for “skip tracing investigations” to hunt-down people trying to avoid the court’s jurisdiction. Workers Compensation and other insurance lawyers use a PI to obtain evidence on potentially fraudulent claims. Lawyers and private citizens use us to serve process (such as subpoenas, and restraining orders) on people who’ll do extreme things to avoid being served, like hiding in the back seats of friends’ cars or disguising themselves so the server can’t recognize them. It can get pretty comical what people do to evade. We usually get them in the end, though.

Q: What should people look for in hiring a private investigator? A: Make sure the PI is licensed to operate in the state where he’ll be working. For example, if you need an investigation in Nevada the investigator must be licensed there or you can use a California PI to sub-contract your work to a Nevada PI, and the California PI can help you manage the case from here. Remember that PIs have specialties like any other profession. If you want someone to sweep for bugs, you want a specialist in tactical security counter measures, surveillance requires a PI who has a vehicle set up for this purpose. Make sure the PI knows the rules or the law in regards to the investigation they would be conducting. For example, you cannot put a GPS tracker on a vehicle without the authorization of the vehicle’s registered owner; otherwise, you and the PI could both be in trouble. Finally, this job is all about experience — no classroom can teach everything that a good PI needs to know about, say, asset location. Not many people or attorneys know how to locate assets, but I’ve learned how in on-the-job training over many years.

Q: What’s the most unusual thing you’ve done for a private citizen lately? A: I had a man in his 70s come to me who’d met a lady and wanted to marry her. The problem was he’d been quite a partier back in the 1960s. He told me, “I think I married a girl back then but I can’t remember!” So I did some record searching and sure enough, he was still married, but I went a step further and interestingly enough, the girl he’d married had already been married three times! He got it resolved with an annulment, and was able to marry his new fiancée — he was so happy.

Lawyer is suspected of attempting to stab process server

A large hunting knife was recovered following the Thursday night incident, police said.

Serving Evasive Defendants

We specialize in serving evasive or hard to serve defendants, deponents, witnesses, and others. Our team of professional registered process servers are experienced with serving difficult or evasive defendants. 

Restraining Orders, Order to Show Causes, Personal Appearance Subpoenas, Criminal Subpoenas, Unlawful Detainers and Family Law documents are only some of the documents that can be extremely hard to serve especially if the defendant or respondent has been served before.

Please contact us at 877-779-6847 to find out more or print out our information and process service request form from the forms tab.

Why You Should Use a Registered California Process Server

California law requires that a person serving a summons be over the age of eighteen and not a party to the action. If a person serves more than 10 serves during a calendar year, for compensation or in expectation of compensation, then he or she must register as a process server. Some classes of people can be exempted from registration but there are certain documents that can only be served by a registered process server, Sheriff or other governmental employee who is acting in the course of his or her employment. Using a friend or relative to serve legal documents can also lead to improper service if certain rules or timeframes are not adhered to especially when serving the Plaintiff’s Claim and Order to go to small claims Court.

A REGISTERED CALIFORNIA PROCESS SERVER is given special status in some areas of the law including that they must be provided access to a gated community when performing a service and their proof of service has rebuttable presumption status. A registered process server has a duty to properly serve legal documents and to execute a truthful declaration or proof of service under penalty of perjury.

 Due to budget cuts multiple California County Sheriff offices no longer serve legal process except for certain mandated process, such as writs. Most county sheriff offices usually make only limited service attempts and some will not use valid substitute service unless you inform them ahead of time that substitute service is okay.  California allows for substitute service on the Plaintiff’s Claim and order to go to Small Claims Court but certain rules and timelines must be adhered to for service to be effective. Unfortunately the court may not notify the plaintiff until the day of the hearing that the service may be invalid due to improper service.

A registered process server can use more latitude when attempting service at more effective times for example early morning and late evening when most individuals may be at home. Most county sheriff offices only attempt service during normal business hours usually between 8:00 a.m. and 7:00 p.m.  Also most process servers will alter service attempts when no answer is received at the door and will try service at different times for more effective service.

A registered process server can also be utilized to stakeout or wait for the possible arrival or departure of a hard to serve individual. Some individuals will not open their doors for anyone and they can be extremely difficult to serve. Stakeouts can be highly effective in serving these types of individuals or businesses. 

Registered process servers can also be effective in obtaining new address information if a defendant has moved by utilizing skip trace techniques and other sources. A registered process server can obtain a street address from a box holder of a PO Box at the US Postal Service or a change of address if the information is for the service of process.  A registered process server who is also a licensed Private Investigator can have even more database information available to them when attempting to locate an individual or business. 

In summary there are many benefits when using a registered process server to serve legal documents and choosing one can be as easy as a simple internet search or the local yellow pages. Most professional process servers charge a higher fee than a Sheriff or a friend but the benefits can outweigh the extra fee for service. Choosing a registered process server can be the key to having your day in court.

Small Claims Process Serving

Plaintiff’s Claim and Order to go to Small Claims Court

We provide timely professional service of all Small Claims documents including the Plaintiff’s Claim and Order to go to Small Claims Court. This is the order issued by the small claims court clerk which must be served on the defendant within specific timeframes before the prescheduled court date. Nothing is more frustrating than appearing for your scheduled court date only to find out that your hearing has been cancelled or rescheduled because of improper service. Our team of professional registered process servers is dedicated to performing service of all documents within the rules required for small claims court.

Substitute service can be performed on the plaintiff’s Claim and Order to go to Small Claims Court but must be completed within the preset timeframes and under all rules associated with substitute service in California. Substitute service can be defined as leaving the documents with another person of age where a person lives, works or their usual mailing address. Most defendants do not want to be served and some will avoid direct contact with anyone they do not know. Substitute service can be very effective in these situations where service of your small claims documents must be completed in a timely matter.

Corporation service is another method of service that we provide. Whether you are serving a corporation directly or through the registered Agent for Service our team of professional registered process servers can provide timely service of all Small Claims documents on the corporation. Although small claims service can be performed by registered mail through the court some companies will not accept registered mail as a standard practice. Using a professional registered process server can insure that your documents are served properly and your hearing date will be on schedule.

Proof of Service is required by the small Claims Court and must be filed with the court within specific timeframes. We provide a Proof of Service that is recognized and accepted by all California Small Claims Courts. Registered process servers have a rebuttable presumption status on their Proof of Service under California law.