PROCESS SERVER SAFETY: GUIDANCE FOR THE ATTORNEY CLIENT

Service of Process

Introduction

In 2008, a 57-year-old male process server was beaten to death with a baseball bat in Loveland, Colorado.[i]  The process server had just served divorce papers and a restraining order on a man, who next attempted to kill his own two young children.  Outside Austin, Texas in 2016, a 36-year-old female process server was attempting to serve court documents when she was attacked and killed by several dogs at the property.[ii]  In 2019, in Tulsa, Oklahoma, a male process server was serving eviction papers on a previously-unsuccessful GOP governor candidate, when the subject of the service shot and wounded him while he was standing in the front yard.[iii] 

These are just a couple incidents which clearly illustrate the dangers facing process servers in the United States.  Most assignments for service of process originate from an attorney.  So, this article will address how attorneys can attempt to identify potential risks for the process servers they hire.  While all risk cannot be eliminated, knowledge of potential threats can result in heightened awareness and precautions on the part of the process server in an effort to optimize their safety.   

Interview Your Client

Attorneys should attempt to gather as much information from their clients as possible in order to enhance the success of the service and the safety of the process server.  Don’t assume your client will volunteer all pertinent information.  Clients typically are not familiar with all of the nuances of such activity.  It is recommended you ask the questions to ensure the necessary information is collected. 

Suggested Questions Regarding Safety-Related Information

Following are questions that will elicit valuable safety-related information: 

·       Does the subject have a prior criminal record?

·       Does the subject have a history of violent behavior or threats? 

·       Does the subject have any mental illness? 

·       Does the subject own or have access to firearms or other weapons? 

·       Does the subject have a concealed carry permit?

·       Does the subject typically carry a weapon?   

·       Are there dogs on the property?  If so, are they aggressive?

·       Are there any other potentially-dangerous animals at the property?  

·       Is there video surveillance at the property?

·       Are there any booby traps at the property? 

·       Is there any on-going criminal activity at the property?  

·       Are there any other potentially-dangerous circumstances and/or substances at the property? 

Be sure to note information gathered from your client and be prepared to brief the process server when you engage them for the service.  With your assistance, the process server is able to more safely execute the service and increase the chances of being around to carry out your next process service assignment.    

[i] M. Whaley (2009).  Process server’s killer gets life for Loveland murder.  The Denver Post.  https://www.denverpost.com/2009/06/08/process-servers-killer-gets-life-for-loveland-murder/   

[ii] S. Irvine (2016).  Dangers of Process Serving Hit Home in Texas.  Serve Now.  https://www.serve-now.com/articles/2244/dangers-of-process-serving-hits-home-in-texas?mc_cid=12bcfdad8b&mc_eid=d64b5586b6 

[iii] Serve Now Staff (2019).  Don't Ignore Lessons from the Chris Barnett Shooting.  Serve Now.  https://www.serve-now.com/articles/2649/dont-ignore-lessons-chris-barnett-shooting     

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