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Process Serving Challenges Author : IRS Collections
Published on: November 13, 2024
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Navigating the Challenges of Process Serving


Legal professionals: Have you ever had a tricky defendant you simply cannot serve? You are not alone! Process serving can be fraught with difficulties, from elusive defendants to unresponsive witnesses. Fortunately, a few key steps can make the process much simpler and more cost-effective.

For most process servers, the biggest challenge is lack of information upfront. Without critical details, agents are often left attending locations without proper guidance, adding unnecessary time, costs, and effort. Let's explore two scenarios that illustrate just how much difference a bit of preparation can make.

Scenario 1: The "Nightmare" Service Attempt


Imagine this: you send a process server to a single address obtained when the claim was first initiated. The process server sets off to a remote location, incurring mileage charges the moment they leave. It is late, raining, and dark when they finally reach the address, a deserted house with no lights, a barking dog, and no sign of life.

After several unsuccessful attempts, the server is forced to return without serving the documents. The next day, the bill for this attempt comes back, totaling hundreds of dollars for time, travel, and effort spent on a fruitless endeavor. With no other option, you file for a sub-service order, spending valuable hours in court.

The story does not end there. The court then orders that the notice be posted in a local newspaper, further delaying the action and adding to the expense. By the time your client learns that the defendant has fled the country, months and thousands of dollars have been wasted. Frustrated and unable to collect, your client walks away from the case feeling like this was a nightmare, and you probably agree.

Scenario 2: The Smooth, Cost-Effective Solution


Now, let's consider a better option: the "best-case" scenario. In this case, a skip trace is conducted upfront, providing the process server with the defendant's current residence, workplace, and even additional contacts like the homeowner and other family members. Equipped with this information, the process server is able to approach the right locations confidently, and even establish a rapport with those on the premises.

Through strategic questioning and the credibility that comes from having accurate details, the process server successfully serves the documents. The client receives a default judgment within weeks, and collection begins swiftly. Thanks to the initial skip trace, the client saves significantly on legal and process-serving costs.

Pleased with the efficient resolution, your client refers new business and promotes friends and other colleagues to your practice. This approach demonstrates how effective preparation can transform a potentially complicated case into a streamlined success.

The Key Takeaway for Legal Professionals

Serving legal documents does not have to be a logistical nightmare. By using skip tracing to gather accurate information up front, you can avoid costly, time-consuming attempts and maximize your client's chances of a swift resolution.

What can you do to impress your client and save them time and money? Simple: let IRS handle your process serving needs. If service can not be completed, an immediate trace is performed with new instructions, keeping your case moving forward. For cases with tight timelines, consider ordering a trace from the outset to streamline the entire process.

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