serve it but you do not have an extra copy how will you be able to prepare the affidavit of
Top Ten Mistakes Process Servers Make ...Sometimes.
1. Not making copies of the documents to be served. If you have a summons and you
service? You must know the index number and have the correct caption.
2. Failing to keep detailed records. All professional process servers must generate
detailed records of their process serving activities: dates, times, description of
defendants, description of the property where service was attempted, etc.
3. No iPhone Battery Back Up. Even though iPhones and other smart phones used to
report service attempts are very reliable, sometimes they do die unexpectedly because of
battery failure, specially if you also use them to talk. Also telephone signals do not always
work in certain areas. Professional process servers must be ready to deal with these
types of inconveniences. A battery back up must always be available.
4. Getting Involved with Recipient of Process. No matter how much that pretty girl cried
when you served her with the divorce papers, you should still behave in a professional
manner. Do not take advantage, do not give advice, do not get involved in situations, do
not try to find the love of your life while serving process.
5. Causing More Anger and Pain or Arguing with the Defendant. When serving legal
documents, process servers must be very respectful and understand that the recipients
of process may already hold a grudge against the person(s) or entities suing them.
Process servers must approach defendants/recipients of process respectfully and they
must refrain from using foul or unacceptable language which could cause defendants to
get angrier or more depressed.
6. Not Being Discreet. Good process servers try to keep the nature of their visits and the
nature of the documents to be served as private as possible. Sharing said information
with curious third parties (the defendant's door man, his secretary, his partner, or his
friend) may trigger unexpected reactions and consequences. Furthermore the element of
surprise always favors process servers because if the defendant finds out that you are
coming with the child support order he may choose to make himself unavailable in order
to avoid service. After all process servers are unwelcome about 95% of the times they
effect or try to effect service of process.
7. Losing Control of the Situation. Sometimes defendants will shout, release their
dogs, threaten you, ask the you to leave, point guns at you, or even call the police. A
process server must remain calm at all times and do his job no matter what the
defendant does or says.
8. Calling the Defendant Ahead. This is similar to "not being discreet". Calling the
defendant to inform her that you intend to serve her is usually a major mistake. Your
actions will give the defendant an opportunity to think and prepare for evasion of service of
9. Not Being Fast Enough. Good process servers must be fast enough to take notes, to
effect service and to get out of the scene before confrontation or second thoughts occur.
When the defendant is still undecided, the service must be done and the process server
must leave promptly in order to avoid having to deal with a shocked defendant who may
decide that she does not want the divorce papers after all.
10. Being Arrogant and Impractical. Don't think that because you have a very good car
you can serve every defendant in New York, NY (heavy car traffic won't allow that). Don't
consider yourself a government/court employee because you happen to be assigned to
deliver court papers. Don't think you can enter places without getting arrested for
trespassing. Don't be sure that doing illegal surveillance cannot lead to arrest. Don't
assume that security guards, door men, concierges and other people who stand between
you and the defendant do not know the law. They are also taking notes and filming you
too. They too may get you.