Shooting the Messenger: When Process Services Go Bad
Recently in Colorado, a man pulled a gun on a process server. Fortunately, the process server kept his cool and made a quick exit (btw, he had already left the papers with the man's wife). The process server called the sheriff's office afterward and described the incident, but did not press charges.
Process Server Attacked By Doctor
Another process server, a personal friend of ours, started a process service business after he retired from the police force. This man had been awarded medals for bravery during his long career as a law enforcement officer, but after needing to use pepper spray to fend off a physician who violently attacked him after being served legal papers, the man sold his process service business. "No job is worth dying for," he said.
Which happened to a Colorado process server a few years back. He served divorce papers to a husband, who then attacked his wife (the one seeking the divorce). The process server, a man in his forties, jumped in to protect the woman and the husband killed him. The wife survived, fortunately.
Chased by a Woman Wielding a Frying Pan
In the 10+ years my husband and I ran a private investigations business, I never liked serving legal or business papers. I didn't like not knowing if things might so south quickly, which happened more than a few times. Never had a gun pulled on me, but I did have a woman, high on cocaine and booze, chase me with a frying pan while screaming colorful things she planned to do with it on me. I kept walking, fast, toward my car, where my husband sat in the driver's seat, staring at me wide-eyed through the window. I yelled, "Start the car," praying he'd hadn't locked the doors as I needed to get inside that car quickly!
I had done that process service as a favor to my husband, who had returned to being a criminal defense lawyer. He couldn't serve the divorce papers to the woman because he was representing the husband in the divorce, so his live-in PI (yours truly) served the papers.
As we drove off, the woman screaming and running after the car, my husband said to me, "You're amazing." I thanked him for the compliment, but said that was the last time I was ever serving legal papers.
So much for making grandiose statements. I just served legal papers to someone last week. Fortunately, things went smoothly.
Tips for Writers: Pineapple Express
Remember the movie Pineapple Express and the stoned process servers? I loved that movie, but only if a writer is crafting a funny, farcical story could he/she depict a stoner dude running a successful process service business because it is imperative that a server be focused and clear-headed for several reasons:
- People sometimes are actively avoiding service, so a process server needs to be able to quickly interpret signals. For example, a person avoiding a process service might answer the door and lie that they are not that person, or even that the person no longer lives there. A sharp process server has done his/her homework and will know, among other details, the physical description of the person they are serving. I once served papers to a man who denied he was the person I was asking for. I knew I had the right guy because I had seen a photo of him, but at that moment his little girl said, "Daddy, that lady got your name right! That's you!"
- Sometimes a business, even a government agency, tries to pull a fast one on a process server. At a state government agency, I served legal papers to one of the office managers who claimed it was illegal for me to serve her, and that I needed to "make an appointment" to serve one of their attorneys. Sorry, no. It was legal for me to serve the office manager, which I did. One of the stoner servers from Pineapple Express would likely have found this scenario to be very un-groovy and confusing. But then, if a writer is crafting a humorous story, that could be a funny scene.