No matter what business you are in vendors play an integral role in the success of your company. Organizations that recognize vendors as true partners in helping them grow their business find that this mutually beneficial relationship will impact the quality of the service they provide.
Your process server plays a important role in the expeditious and smooth flow of your cases. In short, they affect your productivity and ultimately your client's satisfaction. Hiring the best reduces exposure and liability, saves time and creates a better experience for you, your firm and your clients.
Any time legal documents are involved, there are many statutory and procedural rules that must be followed to ensure that the servee receives proper notice of the legal documents both timely and lawfully. You should be aware that unlawful or invalid service could result in serious consequences to your case.
Below are some key elements to consider when evaluating a professional process server:
01. Identify a competent company
Evaluate the management and staff's level of education and experience.
Confirm that the company is a member of their local and national process serving associations. Members of these associations agree to a code of ethics and professional standards as well as a set of best practices with guidelines that define the process serving profession. Penalties of a breach of these standards can range from reprimand to expulsion if they are violated.
Find out how long they have been in business and check local and national associations to see if there have been any complaints.
Ask if they have an attorney on staff or at least one in consultation. An attorney provides an added level of expertise and they may sign pleadings on your behalf in emergency situations.
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Ask for 3 or 4 references and call them.
Find out how they select their servers:
How they are trained and tested?
Do they conduct background checks?
How are they monitored and evaluated?
How do they maintain their documents and field sheets?
Find out in what areas they serve. It's infinitely easier to work with one vendor for all your local and national serves. It will save you time and money in the long run.
Take a look around their website. Oftentimes it will provide a glimpse of the professionalism of the company.
Ask about their capacity:
Can they handle your volume?
Do they have the ability to increase their operations, if needed?
02. Conduct a risk assessment
Request a copy of the vendor's Worker's Compensation policy. All employees and servers should be covered even if t hey are subcontractors otherwise you may be liable for any work related injuries.
Ask if they have received the Financial Service Compliance awarded by the National Association of Professional Process Servers (NAPPS).
Find out about their internal quality control procedures.
03. Inquire about financial security
It's always important to make sure your vendor has sufficiently strong cash flow to deliver what you need and when you need it. A credit check will help assure you that they won't go out of business when you need them most. Ask for banking and credit references.
04. Ask about their communication methods
What are their hours of operations? Ideally, a senior staff member should be available 24/7.
Will you have one person who oversees your account? Consistency and rapport are key to creating a productive environment.
How will you get notices of the status of your serves?
Do they provide automated email updates?
Can you view your serve status online?
Ask about how the affidavits are prepared:
Will they file your affidavit with the court??
Ask to see a sample affidavit.
05. Conduct a rate and service comparison
The cost of having papers served often depends on your required turnaround time. Same-day or rush services will cost more.
Be realistic. If you did not request rush service don't start emailing the next day to ask if the service is done. Routine service typically means the first attempt will be made within 48-72 hours of receipt of the documents.
Make sure to ask:
What will the process server’s rates include?
When they will make the first attempt?
How often will they attempt service?
How many attempts will they make?
Is there a mileage fee?
Is there a cost to notarize the Affidavit?
06. Focus on quality over cost.
A vendor with the lowest price often has the lowest quality of work too. Your goal is to understand what sort of added value a given vendor brings to your company. Your firm should have a system in place for evaluating, selecting and then periodically reevaluating the vendors it engages.
While cost is always a concern, keep in mind that your goal is to have your documents served properly so the expertise and practical knowledge of your professional process server is substantially more important than the cost of the service.
07. Take an active role early on in the process.
Provide the server with as much information as possible so they can find and serve the subject.
Make sure that all your documents and subject’s information is correct. Missing and/or wrong information or documents can delay a serve and you may incur additional costs.
The more you give the process server to work with, the higher the success rate. Information that you can give to assist the server includes:
Up-to-date residential and/or business addresses
Telephone numbers
Vehicle descriptions and tag numbers
Work hours
Physical descriptions and photos
Be responsive! If your server is unable to find the servee, approve a skip trace as soon as it's requested. And whenever possible email the service documents to the server. It will save time, money and ensure that no papers are lost in the mail.
08. Other things to consider.
What is their success rate (beware of any percentages that seem too high)?
What is their average time-to-serve?
How do they handle servees who are evading?
Do they provide sit-and-wait service?
09. Identify a competent company.
Evaluate management and staff experience
Confirm membership in local and national associations
Ask if there is an attorney on staff
Ask how long they have been in business
Check membership associations for complaints
Ask for references
Evaluate server selection process
Find out in what locations they serve
Evaluate their financial soundness
Review their website
Determine their volume capacity
10. Conduct a risk assessment.
Obtain a copy of their Worker's Compensation policy
Ask about their field sheet and affidavit archiving policy
Find out about their internal quality control procedures
Ask if they are certified as Financial Service Compliant through the National Association of Professional Process Servers (NAPPS)
11. Ask about their communication methods.
Obtain hours of operations and after-hours availability
Ask who will be your primary point of contact
Ask about how you will be updated on service progress
Obtain details on affidavit preparation and approval
12. Conduct a rate and service comparison.
Do they offer routine, rush and same-day service with costs and terms
When will the first attempt will be made
How often they will attempt service
How many attempts they will make
Is there a mileage or pick up fee
Is there a cost to notarize the affidavit
What is their success rate
What is their average time-to-serve
How do they handle service evasion
Do they provide sit-and-wait service
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