The Knowledgable Process Server

I love teaching Continuing Legal Education courses! Each new group of professionals brings more insights and collective wisdom to draw on.   

Many #attorneys, #paralegals and #process servers know that no good news comes from certified mail, and many people won't pick it up, especially if they are getting sued. 

Recently, one of my students from our association's December CLE event called me up to present a scenario.

Her client is an individual who filed suit against a car dealer. The client sued the dealer (as an individual) in Superior Court and attempted to serve him by certified mail, but he never picked up the mail. The client didn't know what to do and ended up with the case dismissed for lack of prosecution. That was some months ago. The client most recently filed a small claims case. The car dealer's business is now defunct and he has had several lawsuits filed against him, personally and in the business name. He's only been served once, though, by another server. To top it off, as an evader, he hides behind a PO box. 

So what struck me not so funny is how many times I have heard this same type of scenario over my years 30 plus years of servicing legal process. Client sues in the higher court for a legitimate amount, can't get the defendant served and doesn't understand the rules for service of process. Then, after the case is dismissed for lack of prosecution, the client files for a substantially lesser amount in small claims court and still cannot get the defendant served. It astounds me that so many litigants who don't understand the rules are willing to try to get a smaller judgment because small claims is simple (huh???). But with the litigant not being able the defendant served, their efforts turn out to be a big waste of time, energy and ultimately a loss due to the statute of limitations.

As process servers, we can't give legal advice, but we can inform our clients about the rules for service of process.

In this instance, the car dealer in question has a history of getting sued by customers in civil and small claims cases and avoiding service. Should the client have stayed with, or amended the civil case against the proper parties (i.e.: the dealer corporation and its principal, instead of just the principal), service might have been done via alternate means of service (the dealer has other business locations under the same corporate umbrella.) Then, once the client has a judgment, the enforcement of judgment might be against two parties, and be viable.

Most litigants don't understand the rules for service of process, and this is where an educated process server can become a valuable resource not only to individuals representing themselves, but to attorneys and paralegals, as well.

The Arizona Process Servers Association has quarterly educational events to be scheduled in 2018, and if you are a process server, paralegal or other interested person, we'd like you to join us. As always, I'll be happy to answer your questions, any time. Just call me.