Although it’s very difficult to sue a process server, a recent case in California where 16 residents in the San Francisco area sued a process service company in Alameda shows that there is a problem in the industry. The lawsuits claim that the process servers lied about actually serving the paperwork to individuals. The company’s records are being reviewed, and early indications are that there are many other violations.
Because the California process service system is virtually unregulated, it leaves consumers almost defenseless. Under the Fair Debt Collections Act, process servers are practically exempt from being prosecuted. Many state laws also give process servers immunity. It’s very difficult to prove improper service.
However, the case in California could open the door to changes in the industry. At the very least, it proves that you need to check your process service to ensure it is accurately documenting records of who it serves and when. You have to trust that the service is doing the job you are paying for.
Check the Local Regulations
Many local and state governments are reforming the process service procedures, but not all states have. When you are looking for a trustworthy process server, you should know the state regulations and ensure they meet those requirements. When the requirements are minimal, not requiring licensing or certification, how can you be sure that you can trust the company?
Trust Your Process Service
Ask the company if they carry Errors and Omission Insurance. When a process service company carries this insurance they understand the risks of the industry. They take their job seriously and if they do make a mistake, you are covered by their insurance.
You can trust a business that insures its process servers, even if they don’t have to be licensed or certified. Don’t let your case fall apart because your process service didn’t do the job right. Find the professional process servers that will do everything they can to serve the right person.
