Sunday, July 29, 2012

Oklahoma Process Servers Should Not Expect Much Help from the Police


Oklahoma Process Servers Should Not Expect Much Help from the Police

            Oklahoma process servers would be well advised to know in advance that they should not expect the police to assist them with most aspects of their official duties.  Part of this can be understandable, as the police are limited both in their available resources and manpower.  Likewise, the county sheriff’s department will, for a fee, also serve papers as well.  However, there are other aspects of process serving in which one would think the police should provide assistance for process servers in Oklahoma.

            One very import aspect in a process server’s work in being able to get the papers served in a timely manner.  Sometimes businesses such as Dell Computers or QuadGraphics will intentionally lie and claim a person is not there and/or will even help an employee try to evade service.  This is not only illegal, but it is highly unethical.  However, since the companies and the people that work for them are violating civil laws instead of criminal ones, they will refuse to help.  Indeed, perhaps they have a point in not getting involved in civil laws, but the police can still have their uses and be helpful to Oklahoma process servers who are in need of assistance.

            If a process server is ever threatened with physical harm or if people – certain employees of companies such as Dell and QuadGraphics or the people inside who are being served – try to hurt a process server while he or she is performing his or her duties, then the matter turns from a civil case to a criminal one.  In this case the police can and often will come out to assist a process server who has been harmed or has been threatened with bodily injury, etc.  Their duty, after all, is to protect and to serve, and they are obligated to do so.

            Sometimes private individuals, heavy-handed security guards, and others will attack or try to otherwise inflict harm upon process servers, and the police can intervene and make arrests as necessary.  Process servers should always take great care to carry their licenses at all times and follow the laws, so that they do not find themselves in trouble instead.

            Process servers in Oklahoma should also carry copies of the Federal Rules of Civil Procedure and the Oklahoma Rules of Civil Procedure on them at all times.  Sometimes the local police have no clue about the laws pertaining to process servers and what they can and cannot do.  Process servers often have to diplomatically educate them on-site, but even then the police do not always care.  After all, they are the “police” and who is a “process server” to tell them about the laws!?  Some of the outstanding process servers at www.OklahomaJudicialProcessServers.com have sometimes experienced this from the Edmond Police Department and others.

            As a general rule of thumb, Oklahoma process servers should still try to maintain excellent relations with the police and the departments from which they come.  While they are often less than helpful, they still have their uses, on occasion, when some people get violent.  An Oklahoma process server who knows in advance the extent to which the police will and will not help them will find that they have a much easier time not expecting too much assistance when they need it most.

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