Note: The contents of this article applies to California.
As an independent contractor providing process serving services for One Legal, it's crucial to understand and adhere to the flexible guidelines that govern our approach to service attempts and diligence. These guidelines are designed not just to comply with legal standards but to optimize the effectiveness and efficiency of your service attempts.
Flexible Attempt Requirements
Understanding the Context
The number of attempts required can vary based on the specific circumstances and requirements of each service situation. While we strive for quality and thoroughness, we do not universally mandate a set number of attempts (e.g., five attempts), recognizing that each case and/or each jurisdiction may demand a different approach.
Non-Service/Failed Service Diligence Situations
Required Diligence
Efforts must include attempts on varied days of the week and times of the day (e.g., mornings and evenings) to ensure a comprehensive attempt profile. Evidence such as photographs and mobile app usage (to capture GPS co-ordinates) are essential.
A minimum of four attempts is generally expected unless it can be compellingly established through detailed documentation that the target is not at the address.
Ensure the required number and variety of attempts have been completed:
Serving Individuals or Businesses at a Residence (spread out over time – morning and evening):
- Must include one attempt prior to 9:00am
- Must include one attempt after 5:00pm
- Must include a weekend attempt
- Must have attempts on various days of the week
Serving Individuals or Businesses at a Business (spread out over time – morning and afternoon):
- Must include one attempt prior to 12:00pm
- Must include one attempt after 2:00pm
- Attempts must occur during business hours (check Google, Yelp, company website)
- Must have attempts on various days of the week
Emphasis on Quality and Accountability
Documentation and Evidence
Quality of attempts and the diligence behind them are more important than the mere number of attempts. As professionals, you are expected to provide accountable evidence for each attempt made, detailing the efforts and outcomes clearly to the paying client.
Did you check with neighbors or leasing office on a residential serve? Did you check any packages in clear view on front porch/entry way? Did you see any names on the mailbox or check the WiFi network names? (residential serves)
Did you check the business hours online prior to arriving or at the site on the first attempt? Did you check at neighboring businesses, if necessary? (business serves)
Each situation you encounter will be assessed based on its specifics, and you should consult your manager if in doubt, especially when dealing with complex cases.
Bad Address Diligence
Verifying Address Validity
When dealing with 'bad addresses,' it's essential to provide concrete evidence before classifying them as such. When applicable, this process includes offering photographic proof that illustrates the current status of the location, such as vacant lots or closed businesses, along with detailed documentation of the surroundings that corroborate the claim of inaccuracy.
Documentation Requirements
Photographic Proof: Capture clear images that show the condition and context of the address, such as unoccupied properties or signage indicating a business has closed.
Detailed Notes: Provide comprehensive descriptions in your ServeManager entries, noting any observable details like lack of mailboxes, 'For Sale' signs, or other indicators that support the invalidity of the address.
Utilizing the ServeManager App for Verification
GPS Coordinates: Always use the ServeManager app, which will automatically record GPS coordinates during your visit. This geotagging confirms your presence at the specified location and adds an additional layer of verification to your documentation.
Review and Follow-Up
Internal Review: After you submit your findings, our staff will review the evidence associated with the claimed bad address. If the documentation is not deemed sufficient to confirm the address's status as invalid, further action may be required.
Request for Additional Information: We may contact you to request further clarification or additional details. This could include asking for more comprehensive photos, more detailed descriptions, or information about nearby landmarks that verify the location.
Additional Attempts: In some circumstances, if the evidence still does not satisfy the requirements, we may request an additional attempt to serve or verify the address. This step ensures that all possibilities are exhausted before concluding the address status.
Address Verification and Skepticism for
Non-Existence Claims
Investigative Steps
Claims that a house or apartment number does not exist should be met with heightened skepticism. Investigative diligence, such as speaking to neighbors or cross-referencing with public records, is crucial to validate such claims.
Benefits of Diligent Documentation
Detailed documentation, including photographs and geotags, not only enhances the credibility of your work but also ensures transparency and aids in effective communication with clients. It is invaluable in instances where service is contested or involved in legal proceedings.
Conclusion
By adhering to these best practices for service attempts and diligence, you help uphold the high standards of professionalism expected at One Legal. This guidance ensures that your work not only meets legal and procedural requirements but also aligns with our commitment to quality and client satisfaction. If you encounter challenges or need further clarification on these guidelines, please reach out via [email protected].