A process server’s approach to service of documents is one of the most important aspects of their functions.
The misconception of a tough character who rides roughshod over the Defendant is, in actuality, the least desirable avenue to service.
A professional server who respects the Defendant’s dignity by offering Process server courtesy along with the service documents often gains co-operation from the Defendant. Examples of this are ensuring service occurs in an inconspicuous manner as possible by parking their vehicles off the Defendant’s property, concealing the service papers from sight and keeping a low profile.
A prudent professional server can put themselves in the Defendant’s shoes and treat the Defendant in the same fashion they would wish to be treated in similar circumstances.
A professional who serves process is a representative of their client. If a Defendant is greeted with a smile, spoken to with consideration, and handed the documents respectfully, this reflects positively on the client and may add incentive for the Defendant to work collaboratively with the client.
A server oftentimes is able to convince a Defendant to accept service of documents by explaining how it is in their best interests.
Many Defendants are caught unaware that legal action has been initiated against them. A server who comprehends that the Defendant may have difficulty in accepting this and could react in an aggressive manner, will be ready to effect service in a low-key tone to avoid inflaming the Defendant’s emotional state.
Antagonizing a Defendant with rudeness during service leaves the possibility the Defendant will retaliate against the law firm and its client by becoming recalcitrant or even abusive. An irate Defendant attending at the law firm office to vent their fury can be a frightening, or even dangerous, situation.
A professional server must adhere to a code of ethics and professionalism by performing service in such manner as not to discredit the Courts or legal system. Included in those ethics is a commitment to high standards of courtesy.
A process server who uses common sense when serving documents will, in 90 percent of process serving cases, complete service successfully with a minimal amount of anxiety for the Defendant. In the remainder of the cases where the process server is confronted by a challenging Defendant, a calm reasonable approach is required to attempt to diffuse the situation.
A professional who displays these positive attributes increases the probabilities of successful service.