Key guidelines to maintaining high standards of professionalism and compliance.
Compliance
To support a secure and successful service process, please follow these key guidelines:
1. Job Monitoring for Compliance - Ensure each job complies with court, client and ABC Legal guidelines and procedures.ABC Legal actively monitors process server service attempts to ensure they comply with court, client, and ABC Legal guidelines and procedures. By adhering to these standards, we help maintain a compliant and dependable process for each attempt and order.
2. Current Insurance and Licensing Requirements - Your insurance policy must list your full name or surname, as well as the policy number and the effective start date & end of coverage date to be accepted by ABC. Policies without the Process Server’s name, coverage dates and policy numbers cannot be accepted, and service under ABC Legal cannot be authorized without valid vehicle coverage.
📝 If you are covered under a policy but your name is not directly listed or your policy number isn't listed on your insurance card, you may submit a declarations page that includes your name and/or policy number OR if you utilize a different form of transportation or someone else completes the driving portion of the job, please provide this information to ABC Legal when signing up.
3. Account and Device Usage - Only the registered Process Server assigned to the order may attempt to deliver documents, as account sharing is strictly prohibited.
⚠️ Devices are monitored for concurrent usage to ensure compliance.
Honesty
Dishonesty is unacceptable and not tolerated in the legal community. By adhering to the following principles, you can protect yourself from civil and legal liabilities.
✔️ Report Service Events Exactly As They Occurred
❌ Dishonesty Is Not Worth the Risk
Dishonesty in submitting service events is the greatest risk, leading to severe consequences such as court sanctions exceeding $1,000 and/or potentially being named in consumer protection lawsuits.
ABC Legal has dedicated team that investigates dishonesty, and any falsified proofs of service/non-service will result in the process server's contract being cut.
Accidental Dishonesty
The most valuable tool for a Process Server is effective communication. Developing strong communication skills is crucial, as clear and direct interaction helps prevent most issues in serving of process.
By asking thorough questions to fully understand each situation is essential and prioritizing this can significantly improve performance in this field.
❌ Scenario 1: A Commonly Made Mistake:
You knock and a male answers the door. You state you are looking for Jeff Mann. The male states, "Yes, how can I help you?" You state you have legal documents to serve to him, hand the male person the papers, and leave.
You log that the documents were personally served with identification confirmed verbally. Eventually a Proof of Service is filed stating this. However, it turns out that the person served was not the defendant.
⚠️ Critical Error: The Process Server in this scenario did not properly verify the identity of the individual served.
To avoid liability, it is essential to ask direct questions, accurately report interactions, and avoid assumptions or misrepresentations in service details. In this case, misidentifying the recipient could result in liability due to the incorrect service.
✔️ Scenario 2: A Service Following Legal Compliance:
You knock and a male answers the door. You state you are looking for Jeff Mann. The male states, "Yes, how can I help you?" You ask, "You are Jeff Mann?" The male clarifies, "No, I am his father. What can I do for you?"
At this point, you have two options: either request to speak directly to Jeff Mann or, if substitute service is permitted, sub serve the documents to his father.
💡 Important Note: By the Process Server asking clarifying questions to confirm the identity of who they are talking to and their co-residency, this voids any liability of serving the wrong individual and allows them to properly evaluate how they can resolve the job.
In the event that you accidentally submit incorrect information in ABC Mobile, if you are unable to make the edits yourself, please contact Process Server Support immediately to correct the information. Do not sign any Proof of Service that generated with incorrect information on it until the information has been corrected.
❓ What to Do If You Are Unsure
In some scenarios, an individual may refuse to provide information or cooperate. For example, after asking, "So you are Jeff Mann?" the person might respond, "I ain't telling you nothin. Get off my property," cutting off communication before you can confirm their identity or if serving the documents is appropriate. In this scenario, you must retain the documents and not proceed with service. Your app submission might reflect the example below:
"I arrived at 31 Spooner St. where a Caucasian male wearing glasses, weighing 250-300 lbs., approx. 40-45 years old and 5’10”-6’0” answered the door. I asked for Jeff Mann and the person who answered the door refused to identify himself or provide any further information."
By accurately reporting the events, you cannot be held liable in court, as the log is truthful and reflects what transpired.