NO ONE SHOULD WORK FOR FREE
If you ship anything through UPS, USPS or FedEx, they don't give a refund if they can't deliver to the intended address. It still requires logistics, man-hours, fuel and time to make the delivery attempts regardless of the results. The same applies to the process serving industry. In many cases, more time and effort actually goes in to a non-serve than when personal service is obtained. Often multiple addresses are attempted numerous times, a skip trace is customarily performed, phone calls attempting to locate the servee are made and additional effort on the part of the server and staff is typical.
In no other industry are employees asked to willingly work for free. And no one should be expected to work without being paid.
The Value of Non-Serves
Diligence has value regardless of the results. An affidavit of non-serve can be just as valuable in the legal process as personal service as a non-serve affidavit provides the groundwork to petition the court for alternate service.
Every time a server executes an affidavit they, and their employer, are exposing themselves to potential liability. They must be ready at a moments notice to testify to the veracity of their statements sworn on the affidavit. This exposure does not come without expected remuneration.
Results of Nonpayment
The lack of payment for non-serves puts into play a whole series of events and situations that can be avoided with proper compensation regardless of the outcome.
When a server is not paid they have a decreased incentive to return to an address more than once. Oftentimes the server will file it as a non-serve and move on to the next service and potential source of income.
An even worse case scenario is a practice known as "sewer service” whereby a server claims that personal service was obtained when it wasn't. In an attempt to be paid the servers may leave papers at an incorrect address, improperly serve someone, or simply throw the papers down the sewer.
Such service is the primary culprit behind Maryland's pending Senate Bill 554 and much of the negative image the process service industry currently holds. At a time when the process service industry is under considerable scrutiny it is imperative that the industry leaders present a united front of proper, effective, lawful service.
Projecting a Positive Image
In order to project a positive image for process servers it is crucial that the industry not lower standards or practice procedures for the promise of increased work. In the long run this will only harm the reputation that so many have worked to build. By taking a stand against such practices process servers across the nation can ensure the longevity of the industry, less legislative action and ultimately continued opportunities for work and growth.
We want the very best for our clients we will only work with servers whose reputation and
reliability is beyond reproach. You will not find this with a server who will accept a no service - no fee arrangements.
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