The Process Server fills out an Affidavit of NON service, and in this affidavit, he details all attempts made, this can include a detail of lights being on or off in the house, moving window blinds and car tags in driveway, among other things. He makes it very clear to the courts that he has given due diligence in trying to get the papers to you, but was unsuccessful. The affidavit is then filed with the courts and upon the court date the person suing you request from the judge an order to serve you again using a different method and a new court date. This different method can be any number of things from serving your boss and requiring him to give you the summons to simply printing the notice in the newspaper that you have court on a specific date.
Legal process serving is not meant for everyone. It involves incredibly long hours, spicy attitudes that can turn violent in the blink of an eye, and truckloads of paperwork. It is what you make of it. Don’t believe everything you read or see on television. Talk with a professional in the field and find out for yourself just how fun this job really is!
Earlier the kids resisted bedtime but were now all tucked in and sleeping. I remember glancing at the clock on my way to bed, thinking ten-thirty on a school night was too late for kids. I proceeded down the hallway checking the children’s rooms.
Hire a become a process server or paralegal to serve your court documents. These are seasoned professionals and in many cases will be successful at getting the job done.
Not every enforcement expense can be added to a judgment. Each state has different laws. Usually, examples of allowed expenses are the costs of getting or serving a garnishment, abstract of judgment, writ, levy, debtor examination, UCC lien, etc.
Assignment orders can also be used to reach income originating from other judgments, when your debtor is the creditor. An assignment order can order the debtor of your debtor to pay you instead of them (or the sheriff). Again, consider asking for a percentage.
Serving process is a small part of the responsibility of a legal professional, let alone a law firm. But it’s an important part of our Constitutional right to due process. Making sure it’s done right requires more than a price list. Ask the right questions and build a relationship with a trusted provider of process service. “Oops” is just not a good answer to give a client when a process has been improperly served.