Overcoming Barriers to Service of Process

January 27, 2024 4 min read
Tyler Schuldt

Written by 

Tyler Schuldt
Tyler Schuldt is ABC Legal's Director of Strategic Clients. His years of account management experience with the company have equipped him with the skills to recognize stakeholder requirements and communicate clearly. Tyler continues to build strong bonds with all of ABC Legal's customers and ensures on-time deliverables.

Service of process is a critical aspect of the legal system, and often comes with misconceptions. Contrary to popular belief, process servers do not typically engage in dramatic pursuits, wear disguises or dodge alligators while disarming tripwires. The reality is more straightforward, though it's not without its challenges.

In this blog, we demystify the role of process servers and explore the common barriers they face. From restricted access in gated communities to encountering hostile environments, we will delve into these obstacles and provide strategies ABC Legal uses to overcome them effectively. By understanding these challenges and employing the right techniques, legal professionals can feel confident they're getting efficient and compliant service of process. Let's dive in.

 

3 Physical Barriers to Service of Process

1. Gated Communities and Restricted Access

Gated communities and restricted access can pose a significant barrier to service of process. It's much harder to knock on a door when it's behind a wall. However; in many states, statutes allow process servers to contact property management or homeowner associations (HOAs) to gain access.

Process servers on legitimate business can often bypass these restrictions by knowing how to access the proper channels. ABC Legal Services equips process servers with the necessary information and coaching to navigate these situations effectively.

2. Hostile Environments

Process servers encounter a range of hostile environments while on the job, from dangerous animals to aggressive or threatening defendants. When in doubt, process servers should always prioritize their safety, retreat to a safe location, and, if necessary, contact local law enforcement for assistance.

In cases where law enforcement isn't available, ABC Legal can manage sheriff service, which can be advantageous since sheriffs are less likely to face the same aggression as private process servers. 

3. Other Unsafe Environments

When attempting to serve legal documents, process servers must tangle with the conditions at the property itself. They must be mindful of the weather, pets, and potential property hazards when approaching each location. When fires, floods, or other hazards are present, the process server cannot deliver documents safely for obvious reasons.

Process servers may need to wait or delay attempts in order to deliver documents safely. ABC Legal takes each of these conditions into consideration with service, allowing process servers to report unsafe conditions for evaluation by our team. We do our upmost to maintain the safety of all parties involved in service of process.

Addressing Legal Considerations

Successful service of process often requires navigating various challenges, including situations where the address is correct but the person is unavailable due to incarceration, an extended vacation, or not residing at the address for a significant period. Process servers have to follow specific procedures and avoid breaking local laws to ensure valid service.

Local Regulations and Legal Barriers

Process servers must be acutely aware of local regulations, including trespassing laws. For instance, in Texas, purple paint signifies no trespassing, and crossing such barriers without permission can lead to legal trouble. When encountering no trespassing signs, process servers must take extra steps to attempt service legally and ethically.

Additionally, certain days and circumstances restrict service of process. Many states prohibit serving documents on Sundays or when individuals are going to or from religious services. ABC Legal integrates these rules into its case flow management system, ensuring process servers are informed and compliant to prevent mistakes and avoid having service quashed later.

The 3 Main Impediments to Service of Process

  1. Wrong Address
    For service of process to be valid in many courts, documents must get to the right person at the right location. Serving to the wrong person is invalid and trying to serve someone where they no longer reside is futile. This makes verifying the correct address is crucial for successful service. 

    To overcome this impediment to service of process, ABC Legal offers a variety of investigation or locate services designed to support service of process at each step.  Law firms can use Locate+Serve™ to start service at the best address or Instant Trace to find the next best address for an individual after hitting a bad address.

  2. Location Not Feasible for Personal Service
    Some locations, such as gated communities or prisons with strict procedures, may not be feasible for personal service. Process servers must navigate these barriers within legal boundaries.

    This category of impediment is wrapped within several legal layers. While it cannot be removed, ABC Legal's trained staff provides support to process servers making decisions in the field, as well as providing details to customers. ABC Legal ensures that servers follow local laws so that the validity of service is secure.

  3. Subject Avoiding Service
    Sometimes a process server will have an accurate and safe address, but cannot make the delivery legally due to avoidance. Some individuals will actively avoid a process server while others are simply not at home at the times when attempts occur. This can make delivery difficult since for many documents, courts require personal service or substitute service initially.

    When a person actively avoids being served, ABC Legal provides solutions such as Avoider Protection, stakeout services, and support for alternative methods of serving the documents. By documenting all service attempts and providing supporting information, we help legal professionals effectively request the court's permission for alternative ways to serve the documents.

ABC Legal's Comprehensive Approach

ABC Legal's comprehensive approach ensures process servers are well-informed, adhere to local laws, and utilize strategic methods to overcome service barriers. We also provide legal professionals with extensive support to locate and serve the correct address, including investigation services, Instant Trace™, Avoider Protection™, and more. By leveraging these resources and methods, legal professionals can achieve reliable and compliant service of process.

 

effective and compliant service of process

Service of process involves navigating various barriers, from restricted access and hostile environments to subjects avoiding service. ABC Legal Services offers comprehensive support, from coaching process servers to managing alternative service methods, ensuring every step is taken to achieve successful service. 


Service is simple with ABC Legal. Create a free account today and have America's most trusted process server ready when you need it. Already have a case that you need served? Order online anytime, hassle-free.

Tyler Schuldt

Written by 

Tyler Schuldt
Tyler Schuldt is ABC Legal's Director of Strategic Clients. His years of account management experience with the company have equipped him with the skills to recognize stakeholder requirements and communicate clearly. Tyler continues to build strong bonds with all of ABC Legal's customers and ensures on-time deliverables.
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