Finding The Right Process Server
September 15, 2023
Process Service
How to Find the Right Process Server
The role of a process server is to deliver legal documents to the named parties involved in a lawsuit. While this may seem simple in principle, laws and regulations make the process more complex than commonly perceived. In New York, specific rules apply to how and when documents can be properly served. If a hired process server isn’t familiar with these regulations, it could result in invalid service and legal proceedings being delayed or thrown out. When selecting a process server, you will want to consider a variety of factors to keep your legal matters running smoothly.
Experienced process servers will double-check your summons of complaints or subpoenas and are confident enough to fix your errors. An example is a firm putting down the wrong corporate address. Because an experienced process server might summon that address multiple times a week, they’ll be able to point out the mistake – providing quicker service and ensuring the case moves forward.
CPLR 308 sets forth the requirements for personal service upon a natural person. For instance, “nail and mail” is only acceptable after personal or substituted service was attempted with due diligence and without success. Courts are becoming stricter regarding due diligence, which is why it’s crucial to use process servers that understand the law.
To satisfy due diligence, your server must make reasonable attempts to locate the person being served and verify that attempts are made to their current workplace or residence. Your server must verify the residence; either through a recent DMV record or by speaking with a neighbor, doorman, or mailman. Additionally, a server must make attempts on different days of the week and at varying times throughout the day. Using a server that strictly adheres to due diligence cannot be overstressed as it ensures your affidavit is as bulletproof as possible.
Your process server should have technology that supports your case and makes life easier for you as a client. When vetting process servers, look for providers that offer an online client portal. Often an attorney might be working late or have a last minute motion to file and cannot get in contact with their server. A client portal provides attorneys or paralegals with a quick and convenient solution to retrieve an affidavit of service on demand.
GPS and imaging are other technologies your server needs to have available. When serving in the five boroughs in New York, servers are required to take a picture of the location at the time of service and record the GPS coordinates. At Lexitas, we store this data on 3rd party servers for independent authentication. If one of our process servers is ever questioned, we can provide the photo and an affidavit from the 3rd party to show the photo has not been altered.
Having over five decades of experience providing process service to the New York, New Jersey, and Florida legal communities, Lexitas holds itself to the highest standards of professionalism, especially in the delivery of service of process. We deliver fast, reliable, and responsible service of process, supported by online tools that simplify the management of your requests. To learn more about our solutions or to request process service, learn more here.
They Are Experienced
Experience should be one of the first considerations when selecting a process server. Conducting service of process is an extension of your law firm, and you will want a process server with a reputation reflective of your firm. Who do they currently serve for, and can you speak to their references?Experienced process servers will double-check your summons of complaints or subpoenas and are confident enough to fix your errors. An example is a firm putting down the wrong corporate address. Because an experienced process server might summon that address multiple times a week, they’ll be able to point out the mistake – providing quicker service and ensuring the case moves forward.
They Know The Law
Working with a process server should be a collaborative relationship. Effective process servers don’t just follow your instructions but understand the law, making sure due diligence is completed and defendants are properly served. While your process server doesn’t necessarily need a compliance officer, they should know New York State Civil Practice Law and Rules (CPLR) and be able to intelligently discuss service rules and requirements.CPLR 308 sets forth the requirements for personal service upon a natural person. For instance, “nail and mail” is only acceptable after personal or substituted service was attempted with due diligence and without success. Courts are becoming stricter regarding due diligence, which is why it’s crucial to use process servers that understand the law.
To satisfy due diligence, your server must make reasonable attempts to locate the person being served and verify that attempts are made to their current workplace or residence. Your server must verify the residence; either through a recent DMV record or by speaking with a neighbor, doorman, or mailman. Additionally, a server must make attempts on different days of the week and at varying times throughout the day. Using a server that strictly adheres to due diligence cannot be overstressed as it ensures your affidavit is as bulletproof as possible.
They Are Equipped with Good Technology
Your process server should have technology that supports your case and makes life easier for you as a client. When vetting process servers, look for providers that offer an online client portal. Often an attorney might be working late or have a last minute motion to file and cannot get in contact with their server. A client portal provides attorneys or paralegals with a quick and convenient solution to retrieve an affidavit of service on demand.
GPS and imaging are other technologies your server needs to have available. When serving in the five boroughs in New York, servers are required to take a picture of the location at the time of service and record the GPS coordinates. At Lexitas, we store this data on 3rd party servers for independent authentication. If one of our process servers is ever questioned, we can provide the photo and an affidavit from the 3rd party to show the photo has not been altered.
They Offer Integrated Services
Working with a process server offering integrated services allows the server to also file your papers in court or e-file them online. Servers with internal investigation departments or investigation companies they partner with are helpful for hard-to-find defendants. At Lexitas, our team of professional investigators assists insurance companies and law firms with all types of investigations including taking witness statements, new client sign‐ups, scene investigations, locating clients, social media investigations, and surveillance work.Conclusion
When it comes to serving documents, there are no quick solutions or shortcuts. In the end, your process server must complete due diligence, make enough attempts, and properly serve papers each and every time. It’s the responsibility of the process server provider to not be a yes man and should question you if a particular approach is following CPLR.Having over five decades of experience providing process service to the New York, New Jersey, and Florida legal communities, Lexitas holds itself to the highest standards of professionalism, especially in the delivery of service of process. We deliver fast, reliable, and responsible service of process, supported by online tools that simplify the management of your requests. To learn more about our solutions or to request process service, learn more here.
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