Finding a trustworthy and dependable Process Serving company can be the legal professional’s version of looking for a needle in a haystack. Of course, you can scour Google and search the depths of Yelp or Reddit to find a company worthy of your time, but spending hours searching online is probably not at the top of your to-do list.
To keep you from falling into the sinkhole of unproductive interviews, Reno Carson Messenger Service has put together 7 questions to help you find a qualified Process Serving Company.
1.What is your experience working with Nevada legal professionals?
Yes, it is important to know how long a company has been in business, but it is more important to determine whether a provider is actively aware of the changing legal technology, court rules, and has an evolving knowledge of Nevada’s legal industry.
A reputable company understands:
What legal professionals look for in each situation regarding the type of document being served and the timelines with which the document must be served.
These documents include subpoenas, orders, motions, or any document for which a hearing date is applicable. For example, subpoenas must be served in what the court deems as “reasonable time to appear”. Other documents, such as orders, have a statutory deadline for when the document must be served prior to a hearing date.
Variations in court requirements for diligence.
The relationship between the documents being served and the deadlines associated.
How different Nevada courts handle various types of services. This may include refusal of service (process server places documents near the party being served) or substituted service of process (process server gives documents to an agent of the defendant, another adult in the recipient’s home, or a corporate office).
2. What is your serve success rate?
A Process Serving company’s serve success rate can be dependent upon multiple metrics. To make sure your question is clear, ask about the total number of documents that can be served.
This is important because documents that can be served have a valid address for the individual to be served and the process server has a high degree of certainty about when the person will be at the address to accept papers. In this case, the success rate of documents that can be served should be in the range of 80-90%.
An important distinction to be aware of is the difference between documents that can be served and documents to be served. Documents to be served refers to the total number of documents ordered for service of process. This includes service of process orders that are challenging to serve due to factors such as bad addresses and evasive parties. These influences can drive down the company’s overall success rate and make the process serving company appear less effective than it actually is.
3. How do you handle evasive parties?
Speaking of evasive parties, nothing slows down Service of Process like an evasive party. Because multiple service attempts will cost time and money, it’s important to know initially whether your Service of Process company is well-equipped to deal with these orders.
In Nevada, the Process Serving company should use clues from each attempt to construct a window of time when the person to be served most likely will be present. To do this, the process server’s in-person tactics should include:
Verifying the property is where the defendant resides.
Checking whether a name appears on a gas meter.
Checking with the neighbors.
Taking note of movements, vehicles, blinds open or closed, trash cans placed on the curb.
Furthermore, if multiple attempts fail, it may be necessary to observe the property or perform a stakeout. A qualified Process Server is able to handle this important task and offer solutions to help escalate your response to evasive parties as needed. Solutions for escalation can include Concierge Service that can provide expert assistance for Service of Process, electronic court filing, document review, and more.
Additionally, your Process Server should be able to manage cases. Process Serving companies should have powerful online technology to help address difficult serves. For example, some providers offer a Manage Cases feature that allows the Process Server to enter information about the attempt into a record the law firm can access. The law firms can then log into the manage case feature to check on the order’s progress and see information about the attempt.
It’s important that the server includes information like whether the door was answered, lights in the home were on or off, whether cars were parked at the residence, license plate numbers, etc.
Furthermore, Substituted Service of Process may be necessary for particularly evasive parties.
If personal service on an evasive party cannot be completed after multiple attempts, a process server may perform substituted service of process on another person or entity. This is also known as a sub-serve.
The types of parties that may be used for a sub-serve vary, so it’s critical for the service of process company to be well acquainted with the local court rules governing sub-serves.
4. What are your deadlines?
Your Process Server should be crystal clear about document cutoff deadlines to ensure the papers are served in compliance with court rules. When discussing deadlines, here’s what you should know:
Non-Court Dated Documents. These documents are provided at a certain time of day so the server can make the initial attempt to serve. Deadlines and times will vary depending on whether documents are to be delivered to a business address or a residential address.
Court Dated Documents. Documents such as a subpoena or a court order to show cause have specific deadlines that they must be served by. Therefore, it’s crucial for a server to know Nevada’s state and local rules governing deadlines.
You’ll want to make sure that you trust the process serving company to serve papers sufficiently in advance of hearings or depositions to give the other party enough time to appear. If documents are not served sufficiently in advance, a judge may throw out a case based on insufficient process.
5. When can I expect to receive my Proof of Service?
Proof of Service is the security you need to know that your papers have been served properly. The company you work with should be able to provide Proof of Service as a physical document stating that the papers have been served and is signed by the Process Server.
Ideally, you should expect to see Proof of Service with a standard level of service in about 3 days. This can extend to approximately 5 days if the request is for an out-of-state service of Process.
6. What are your charges?
Though it’s important to understand the monetary investment here, you’ll also want to evaluate the value that the company provides.
In addition to what you’ll spend, a qualified process server company can also provide:
A system that monitors your serve anytime you want to check on it. This allows you to monitor attempts and see the progress of the serve.
A dedicated operator in the office that manages your serve and can update, provide direction, and communicate with the server.
Other valuable factors to consider include:
Speed with which the document must be served.
Location of the party to be served (i.e., rural or metropolitan).
As far as investment goes, be sure to pay attention to the fine print. A good company provides transparent pricing without hidden fees. Remember that the fee any process serving company charges should inspire confidence and assure that your service of process order doesn’t become a slow-moving crisis.
7. What do your customers say?
It’s normal to request references and testimonials from any company you are interested in working with. Ask for an open dialogue with other legal professionals to compare your needs and experiences with peers who can tell you how the company performed for them in similar situations. The right answer should be affirming and enthusiastic.
Looking for a Nevada Process Serving Company? Call Reno Carson Messenger!
Though you may not understand every nuance of Service of Process, you understand your law firm’s needs and supply chain. You also understand that it’s your responsibility to get the best value from the companies you work with. When looking for a Process Serving company in Reno, Las Vegas, Carson City, Henderson, Elko, or any other Nevada counties, ask these questions to avoid hidden costs, gain confidence, and start a strategic partnership that will add value to your law firm now and in the future.
Don’t want to go through the hassle of interviewing multiple companies? Reno Carson Messenger services all of Nevada and is here to provide you with dependable service whenever you need it. Call us today to get started!
