Process servers have a difficult job to do and there is no question there will be certain assignments that will test not only a server’s patience but their skillset. No matter how challenging a person may be to locate and serve, the process server must never resort to taking unscrupulous measures just to call the task complete. Unfortunately sloppy and often blatantly dishonest practices have been cropping up in the media more often, giving process servers a deplorable reputation.
Foreclosure Service Fraud on the Rise
A majority of news reports from across the nation, Florida included, show “sewer service” is happening primarily in cases of foreclosure. When a homeowner realizes their home is in trouble and foreclosure is eminent, many feel they have already been defeated and they simply abandon the house, going to live with friends or relatives. This leaves no physical address on record where they can be served the foreclosure papers.
In the interest of time and effort, process servers have been known to simply tape the notice on the door of the last known address, then forge and file the process as served without verifying that the defendant still lives there. This puts a defendant in the position of never knowing there was a suit filed and not having the ability to appear to defend him or herself. Moreover, the process server will eventually be discovered and the penalties are severe.
Hefty Penalties for Sewer Service
The Florida Attorney General has shut down several process service companies, with many more under scrutiny. One well-known company came under fire in 2010 for spurring a rise of fraudulent process service filings. Though the company has since recovered thanks to a full change of staff, the mark on their reputation is still present. Other firms were not so lucky, as the Electronic Crimes Division of the Florida Attorney General does not take such claims lightly.
As a process server, whether you are serving a foreclosure or any other case, you are charged with taking every step possible to ensure due diligence is done on the assignment. There is always a way to legally and honestly serve process and under no circumstances is “sewer service” ever acceptable.
