Process servers have a quite straightforward job. Few people think about the challenges they face while doing their job. However, there are many challenges that a Dade County process server faces while on duty.
This guide will show you the major challenges faced by process servers. Knowing these challenges will help you better understand what Miami process servers do, their role, and how important they are in the legal field. The guide will also help you appreciate more the services they are providing. Let's start:
Complex regulations and laws
You'd be surprised, but process serving is a highly regulated legal field. Even though there is no federal law on process serving, each state has specific laws on the subject. For instance, in many states, the process server is required to record the serving process and must have GPS service to record their location. Also, the server has to fill in multiple affidavits and give proof of their service. Unfortunately, following these regulations is tough and further complicates a server's duty, discouraging them to follow the due process. Also, keep in mind that each state has different rules, so process servers will perform their duties very differently in Texas when compared to Washington or Florida.
Assaults
Many people are fearful of process servers, so the risk of assaults is real, especially if the defendant is aggressive. Due to this fear, many people refuse to get served, and in turn, may even resort to assault the first chance they get. In many cases, defendants are not in a state to take on any more problems and tend to lash out whenever the opportunity arises. Unfortunately, the assaults can be life-threatening. Because of this major issue, assaulting a process server while on duty is considered a serious felony in many states.
Online service
Miami process servers are active online as well. Although this transition is happening right now, and some states implement these online procedures slowly, some process servers are not able to adapt to the online world. The process servers who cannot adapt to this new environment will likely be left behind and will have to leave their jobs in the future. The changes are implemented gradually, but for some process servers, this is still overwhelming.
Difficulties caused by the Sheriff's office
These issues are not very common, but they are worth mentioning. There have been some isolated instances in North Carolina and Georgia, where Sheriff's offices refused to include the process servers into their legal exercise. This is because some states require that all legal documents have to pass through the Sheriff's office. This conflict of duties causes problems, as some process servers are at the mercy of the Sheriff’s office while performing their legal duties.
Handing the notice
In many states, the notice must be physically presented to the defendant. This means that the process server must go to the address and hand over the notice directly to the person in question. This alone is a challenge due to a lot of reasons. For starters, the Dade County process server must find the person in question. In many cases, the person may not be at their mentioned residence. In this case, the server must find the person in question, which can be quite difficult, especially if the person knows that he or she is about to be served and tries to avoid it. Also, the person in question might physically assault the server or may not want to accept the notice.
Inability to find the person in question
Sometimes, finding the person that must be served is akin to finding a needle in the haystack. In extreme cases, Dade County process servers may end up traveling hundreds of miles to find the person, but may still fail to serve the notice. This issue causes other problems. For instance, if the person in question moved to a different state, the process serving procedure becomes even more complicated. The process server must either learn the rules of that particular state or transfer the serving process to another professional that is active in that state. This further delays the procedure and makes the whole process very difficult to handle.
Denial
Denial is a fairly common challenge faced by Miami process servers. This happens when the person in question simply refuses to accept the notice. Fortunately, many states provide alternatives for process servers that encounter this problem. However, not all states have procedures that help servers when this happens. For instance, if a person denies the notice and refuses to reveal his or her identity, the process server cannot choose the right course of action, and most abandon the process. Some states have special provisions for these situations, but many don't, so process servers have to be cautious. Make sure to check their local laws for more information on this topic.
No fees unless the notice is served
This problem occurs in some states which have a clause whereby the process server does not get paid unless the notice is properly served. Unfortunately, this regulation is active no matter the conditions, even if the process server cannot find the person. Even if the process server is assaulted by the person in question, he or she will not be paid if the notice was not served.
Contractors vs. employees
Process servers are often hired by law firms that work on different cases. They hire process servers because they need a specific person to be present during court proceedings, in order to provide help for a case they handle. In this scenario, process servers are hired as contractors. Unfortunately, their services are used only occasionally, so process servers rarely get hired permanently at a law firm. Simply put, process servers often find it difficult to find steady employment.
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