How Process Servers and Private Investigators Can Effectively Handle Deadbeat Clients

How Process Servers and Private Investigators Can Effectively Handle Deadbeat Clients

            Those who have served in the field of private investigations or process serving for any length of time know all too well the perils of working with companies and individuals who cheat them.  Most times these law firms and companies promise to pay money upon successful completion of services but simply never do.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com explores possible options and solutions for Oklahoma process servers and private detectives who find themselves facing these tough situations . . .

            Many process servers and almost all private investigators require payment in advance.  Indeed, since the amount of money that private detective agencies stand to lose can range in the tens or even hundreds of thousands of dollars, most such firms require a specific retainer up front.  Process servers, on the other hand, usually have much less to lose and sometimes allow their customers to receive an invoice after they have completed the service.  Either way, when customers fail to pay as promised, it puts the Oklahoma process servers and licensed private investigators in a bit of a bind.

            One effective way to prevent this from happening is for process servers and private detectives to simply require all of their customers to pay up front.  This is an effective measure which will prevent clients from failing to pay.  This option also helps deter clients who might like to cheat the process server or private investigator.  However, this choice also comes with significant limitations.

            Some clients prefer to receive the bill after the process server completes his or her tasks.  These types of clients often include, but are not limited to, high end attorneys and others who stake their reputation on quality and efficiency.  This type of clientele often does not have time to issue checks or money orders right away and tends to work on very tight schedules.  Process servers who refuse to bill these firms and individuals will often lose their current and future business.  Private investigators, of course, should continue to require the money up front; they simply have too much to lose.

            Before informing clients that they have not paid what they owe, it is imperative that process servers ensure that they have not already paid it.  Sometimes it is possible to not mark down a check, money order, or other payment the client has made.  By first checking with the bank, with Paypal, etc., private detectives can almost eliminate the chance of inadvertently asking for money from clients who have already paid their bills.  

            Process servers who choose to allow clients to pay after the completion of services do not really have many of the same protective preemptive safeguards in place.  Thus, they must choose how to handle the situation after the fact.  They do, however, have a string of options and at least one thing they can do to protect themselves.

            Generally speaking, process servers should always require their clients to make their service requests up front and in writing.  This is especially true for process servers in Oklahoma who do not require their clients to pay in advance.  A special form such as this http://www.oklahomajudicialprocessservers.com/wp-content/uploads/2012/11/Process-Server-Client-Questionnaire.pdf can require the client to waive all liability and guarantee payment in writing.  This formal agreement not only helps to shield process servers from harm, but it also helps deter potential deadbeat clients.  Those individuals and businesses who do cheat process servers out of their fees also become more vulnerable in court, as process servers now have something in writing. 

            If the amount the client owes is very small, it is sometimes easier to “un-serve” the person.  In doing so, the client may have to reschedule his or her court date.  This will require the person to go obtain the services of yet another process server.  If the Oklahoma City process server has already turned in an affidavit of service, he or she can subsequently submit an affidavit of non-service.  This second affidavit might potentially nullify the previous affidavit on grounds such as, “I accidentally served the wrong person.”  In the event that an affidavit of service is not already on file or otherwise in the client’s possession, then the process server can simply refuse to write one.  Either of these efforts will likely frustrate the former client and may hinder his ability to receive a timely judgment.  However, if a Norman, Oklahoma process server is seeking a financial judgment, this will not suffice.

            Oklahoma process servers and private investigators can also write and submit a brief or letter that informs the judge of the client’s failure to pay.  Filing a letter of this sort so will most likely hurt the client’s credibility in court.  Who can trust a person or business that would stiff his own process server or private investigator?  In addition to doing so, the Oklahoma process server can also file a small claims suit against the former client and have that person served.  If successful in both of these attempts, this can frustrate the client both in his or her own legal case and simultaneously force him or her to become embattled on yet another front.  Of course, this endeavor also takes time and money, and some process servers one or both lack both.

            Some process servers and private detective agencies prefer to outsource all of their deadbeat clients to collection agencies.  These companies will often handle the entire process for fee.  In doing so, they take the stress and pressure off of process servers and private investigation firms, and this frees their time and resources to engage in other meaningful business pursuits.  Of course, these companies also require up to one half of the amounts they recover as payment, thus trimming the process servers’ and private detectives’ bottom lines.

            Process servers and private investigators whose former clients have breached their trust agreement can also choose to leave a bad written review for professionals and companies.  If the deadbeat client is a business entity, this can range from a blatantly honest and thorough review on www.yellowpages.com to other sites like www.angieslist.com.  Believe it or not, some customers read reviews written by former and current  companies they are considering working with.  If a professional company or individual has cheated a process server out of his or her fee, then he or she will likely happen again to others.  The public deserves a fair warning about the company’s unscrupulous business practices.  However, if the former client happens to link the written review back to the process server, then he or she can also write a bad written review – even if untrue – about the process server, private eye, and/or his or her company.  Thus, caution does indeed become the “better” part of cyber revenge.

            The Better Business Bureau (BBB) www.bbb.org can also help to mediate complaints against the wayward company or business.  However, they tend to be most effective against those whom they accredit. The Better Business Bureau is unable to compel a company to act or require action.  Of course, the company can still lose its BBB accreditation, and this is something that many businesses wish to maintain.  Indeed, many law firms have their accreditation by the BBB to help prevent lawsuits and to let their customers know they are trustworthy.

            If the individual is a member of a professional organization or association such as the Oklahoma Bar Association (OBA) http://www.okbar.org/, the National Association of Professional Process Servers (NAPPS) www.Napps.org, or the Oklahoma Private Investigator Association (OPIA) www.Opia.com, then process servers can file complaints against the individuals or businesses with their respective professional organisations and licensing committees.  These types of associations often require higher standards of ethical conduct from their members and/or respective licensing boards.  They want their members to represent their profession well and to help others.  While it is true that these governing bodies often protect those within them, they can also serve to help field complaints for little or no money or time.

Sometimes clients really do not have the ability to pay their bills, and money really does become an issue for them.   This is when alternative forms of payment through bartering sometimes become more feasible.  This is especially true when the client does not have the ability to pay his or her bill but also practices some sort of trade or profession which may provide necessary services for the Oklahoma City process server or private detective.  Such trades and professions include, but are not limited to, those who are plumbers, lawyers, doctors, teachers, and almost anything else of relative value.  Of course, the entire bartering process tends to work best when utilised from the start rather than as a substitute for nonpayment of services. 

            The only other viable option a process server has is to simply turn the other cheek, cut his or her losses, and move on.  Pursuing the attorney, process serving firm, private detective agency, or individual may turn out to be more of a headache than it is really worth.  Indeed, the recoverable amount may not be worth the time or effort.  Plus, collecting on a judgment is not always easy and may require even more time and resources. 

On the other hand, licensed process servers and private investigation firms should not let unscrupulous companies run all over them.  By doing so, they might become emboldened by the apathy and are more inclined to keep doing the same thing to others.  Process servers and private eyes must strive to protect one another and their fields both professional and respectable.

Sometimes clients will write bad checks or will initiate a chargeback on their credit card authorizations.  If the process server or Oklahoma private investigator has already meritoriously performed the work, then this kind of misbehaviour on the part of clients is just as unprofessional as those who refuse to pay at all.  Sometimes it is even more damaging, because it can cost the Oklahoma process server even more money, time, and can hurt his or her reputation within the financial community.  Once again, process servers have many options at their disposal.

Aside from the other methods previously discussed in this article, a good Oklahoma City private investigator can also take other action against bad check and credit card users.  In these cases, process servers can also contact their district attorney’s office to press charges against bad check writers.  In addition to other civil action their might pursue, this can add criminal charges to the client’s list of new problems as well. 

When clients initiate a chargeback on a credit card payment, private investigation companies can and should actively participate in every part of the dispute.  All too often, companies like Paypal www.Paypal.com will try to side with the consumer too easily, leaving the seller or provider of goods without proper payment.  Private investigators should stick with it each step of the way, taking action against the credit card companies, if needed.

            It is vital that process servers and private detectives remember that most clients will happily pay for good service.  Indeed, sometimes attorneys and other professionals just become so busy and backlogged that they may accidentally forget about making a payment.  Their staff may become sick, or they may think that they have already paid the amount they owe.  By taking a more diplomatic approach, Oklahoma City private investigators and process servers can offer gentle reminders via e-mail, mail and telephone calls.  Sometimes clients need more time to pay or would prefer to make a payment by credit card or via another alternative method.  Process servers and private investigators who work with their clients instead of against them will go further.

            When it comes to getting paid, licensed process servers and private detectives in Oklahoma and elsewhere have a variety of options at their disposal.  From preventive measures to collection procedures, there are many ways to minimize exposure to clients who cannot or will not pay their bills.  By ascertaining which option is best according to each situation, Oklahoma City private investigators and process servers can often regain their hard earned money in the most professional way possible.

New Oklahoma Process Server Licensing Laws Take Effect

New Oklahoma Process Server Licensing Laws Take Effect

            New Oklahoma process server laws took effect earlier this year.  They affect the waiting period during which a process server license is approved.  Process servers in Oklahoma need to become familiar with this, as the new law has received little, if any, publicity.  In essence, Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com reports that process servers’ licenses in the state of Oklahoma now take thirty days to process.  It is especially important to analyse the ways in which this could affect process servers. 

For new process servers, this means that they have to wait longer before they can serve their first set of papers.  For Oklahoma process servers who already have their licenses, this means that they need to be especially careful.  If they do not prepare to renew their process server licenses at least thirty days before their current licenses expire, they will find themselves stuck in a time gap.  During the time period where their current license has expired and the waiting period for their new one has not yet finished, they will not be able to serve any papers.  Needless to say, this can have a very negative impact on their ability to serve papers and can adversely affect their livelihood!

While these matters certainly seem relatively minor in a field that is only moderately regulated in Oklahoma, they may point toward the possibly continuation of future changes to process serving laws throughout the state.  This could be the beginning of increased regulation of process servers throughout the entire state of Oklahoma.  This could include, but is not limited to, any of the following:

ü  Shorter terms for which process servers’ licenses are valid

ü  Increased fees for process server licenses

ü  Required training classes for process servers

ü  Elimination of process servers as officers of the court

ü  Digitalisation of process server jobs

Right now, the aforementioned items are just possibilities as to what could happen in the future.  However, all process servers throughout the state of Oklahoma should take great care to make themselves well aware of the possibilities and what might come in the future.  Otherwise, an Oklahoma process server could find himself or herself without a job and without ever developing an awareness of the importance of keeping most of the laws the way they currently are.

Why Oklahoma Process Servers are Paid Well Below the Regional Average

Why Oklahoma Process Servers are Paid Well Below the Regional Average

            Compared to process servers in other states, Oklahoma process servers earn far below the regional average.  This does not just apply to process servers, but also to teachers and other professionals.  What often happens is that the best teachers and process servers in other states travel elsewhere (i.e., Texas) to make a reasonable living.  This is unfortunate, as it causes a “brain drain” per se of some of Oklahoma’s most talented individuals.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com examines the complexities behind this phenomenon.      

A process server performing a standard serve in Oklahoma often earns around fifty dollars, which is what a sheriff’s deputy makes.  On the contrary, a process server in Dallas, Texas, which is only about three hours away from Oklahoma City, can easily receive eighty-five or ninety-five dollars per local service of process.  Likewise, process servers in Arkansas, Kansas, and other states also generally receive more money than an Oklahoma process server does.  This can become quite problematic for those wishing to serve process throughout the State of Oklahoma.

Perhaps part of the reason Oklahoma process servers make relatively small amounts has to do with the fact that obtaining a process server license is far too easy.  In order to become a process server in Oklahoma, all one has to do is to is to get some passport photos made, pay the fee, and receive the license.  Unfortunately, no education, training, or other experience is required. 

State law does not require process servers to know the process serving laws or perform any type of internship.  While the individual must be at least eighteen years of age and of “good moral character” that is also absent any felonies, that is about it.  Perhaps this is yet another reason why process servers in Oklahoma not only make a relatively little amount of money, but is also a contributing factor as to why the general  public often holds Oklahoma process servers in relatively low regard.  Of course, as noted earlier, process servers are not the only one to experience this salary discrepancy.

A teacher in Oklahoma with a doctoral degree and ten years of teaching experience can actually make substantially less than a teacher in Texas with a master’s degree and fewer years of experience.  While some might contend that the cost of living is higher in Texas, this is usually not the case.  Likewise, teachers in both states have to undergo similar training requirements.  Thus, if the amount and type of training is not the issue, then what is?

Many have long contended that the economy in Texas and other states is higher than Oklahoma’s.  While this might prove true to some degree for some areas in Texas, the same cannot be said for those in Kansas or Arkansas, where the economic differences between there and Oklahoma are really quite minimal.  What, then, could the other factors be that make the fields of teaching, process serving, etc., pay so much less in Oklahoma than in other states?

Oklahoma has not been known in the international or even regional arenas to place a high value on education.  Given that Oklahoma’s economy has long been agriculture-based where formal education was unnecessary, the importance that many residents have traditionally placed on schooling has not kept up with those in certain other states.  Likewise, a strong correlation between the value placed upon education and teachers’ salaries exists.  Needless to say, the same holds true for process servers.  

With the exception of attorneys and those who need to have papers served in an efficient manner, many people in Oklahoma simply do not value process servers.  When one takes the complete lack of educational requirements and experience required for a process server license into account, this just lowers the standards of the profession and thus the pay.  In order for process servers to receive higher pay, three things will need to happen, which are as follow:

ü  Oklahoma will need to value its Oklahoma City process servers more.

ü  Oklahoma needs to establish more advanced training and educational requirements for process server licensing.

ü  Oklahoma’s process servers need to unionize for better wages, and they need lobbyists at the state capitol.

ü  The “economic recovery” really needs to continue to materialize, thereby reducing the number of people who apply to become process servers. 

ü  Oklahoma’s population as a whole needs to value its process servers more, which is a difficult task given that they often bring unwelcomed news.

            Unless and until the aforementioned things take place, a process server in Oklahoma is likely going to continue to make less money than their colleagues who live and work in other nearby states.  Unless Oklahoma process servers, teachers and other professionals take a strong stand and work to help make their profession one that is more organized, trained, and valued by society, then they, like teachers, will likely continue to make a very minimal amount of money.

Oklahoma City Process Servers Deserve Respect and Dignity

Oklahoma City Process Servers Deserve Respect and Dignity

For far too long, process servers have not received the respect and dignity they deserve.  Too many people try to harm, harass, and sometimes kill them.  Oklahoma process servers place their lives in grave danger each time they go out into the field to try to serve an individual, as some people react in very uncivil and violent ways.  For those in Oklahoma that wish to intimidate, maim, and kill process servers, Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com hopes that they remember a few things about the people working in this field.

These Oklahoma residents, who are officers of the court, work very hard to support both themselves and their families.  They are just trying to earn an honest living.  An Oklahoma process server does not want to hurt anyone or cause harm.  Instead, a process server merely wants to accomplish the job and go home.  How does it make sense to yell at them and/or try to shoot them?  Is that not illegal and immoral?    

Licensed by the courts, Oklahoma process servers are messengers of the court.  They are not the ones who filed the lawsuit or other court papers against anyone.  Instead, they are obligated to act as a disinterested party.  A process server does not care who prevails in the court hearing; rather, he or she just wants to deliver the papers.  People do not get angry with the mailman for delivering bills or other news, right?  Well, then why would someone hurt someone who is merely bringing the message?  Unscrupulous people need to remember not to kill the messenger!

Lastly, please remember that process servers are also fellow human beings.  Yes, that is right: they have thoughts, feelings, and dreams, too.  Like any other human being, they deserve the very same respect, dignity and kindness that everyone else does.  It would be wrong to hit one’s mum, dad, teacher, religious leader, etc.  Why, then, is it okay to insult and attack an Oklahoma process server?  While process servers may bring news that is often undesirable, he or she did not write what is on the papers.  Oklahoma process servers are not bad people and do not deserve unwarranted, unnecessarily, and sometimes deadly wrath of angry, mean, hateful recipients.

Why Oklahoma City Process Servers Need to Dress for the Occasion

Why Oklahoma City Process Servers Need to Dress for the Occasion 

            Sometimes we at Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com hear about how process servers who work with other companies or individually do not dress professionally.  While we obviously have absolutely no control over what those who work for other companies do or do not do, the field of process serving in Oklahoma is certainly a professional field.  However, what is “professional” in one situation may not be appropriate for another.  This is why it is more important for process servers in Oklahoma City, Edmond, Norman, or elsewhere to dress according to each situation.

            If an Oklahoma process server is going to serve someone in an elite suburban community or at an upscale business office, then how should he or she dress?  Well, obviously in this situation, process servers can usually expect a less favorable reaction for his or her comeliness if dressed in sagging jeans, a baseball cap that is turned backwards, and a shirttail that is hanging out.  In this instance, Oklahoma process servers should usually wear a nice dress shirt, pressed slacks, polished shoes, and have their hair washed and neatly combed.  The same rule applies in other locations, just with different clothing styles.

            This time let us assume a process server has entered a very low socioeconomic income area.  Gangs might abound, and people around the neighbourhood might not necessarily be dressed up in suits and nice slacks.  Instead, perhaps they are wearing tennis shoes, jeans, and T-shirts.  Why should they not?  With few exceptions, there is certainly no law stating what people can and cannot wear.  However, process servers who fail to match this same type of clothing attire will likely yield less than favourable results.

Oklahoma process server who goes to such places wearing a nice shirt, tie, dress pants, and polished shoes might be viewed by others there as “suspicious” and out of place.  Who are they and what do they want?  Surely they cannot be from around the neighbourhood, right?  Are they cops?  Are they selling something?  This could indeed present a problem.

Likewise, as noted earlier, process servers who go to upscale areas will often find themselves in the same position if they do not dress in nice shirts, dress slacks, etc.  People in those Oklahoma communities will likely see this person as a trespasser, someone looking to use the bathroom, an individual who is homeless, a potential thug, etc.  While this may be quite far from the truth, this, too, could present problems for Oklahoma City process servers. 

Both scenarios essentially rely upon the same logic: the need for process servers to make meaningful connections with the people around them.  Those that Oklahoma process servers go around need to be able to effectively identify with them as being “one of us”.  If they do not, then getting questions answered, finding the right person, and not getting treated as nicely can potentially become major issues.  Of course, this does not just extend to a process server’s manner of dress; it entails other factors as well.

Excellent process serving companies also realise the need to hire a diverse workforce.  Having process servers of different ages, races, nationalities, those who can speak more than one language, etc., will sometimes enhance their ability to better connect with other people around them – if they have similar attributes.  The old adages “like attracts like” and “birds of a feather flock together” are quite true indeed!

It is important to note that there are no guarantees that dressing in a certain way or having a process server who is of a particular race, age, etc., will be able to have any enhanced success over those who fail to employ these techniques.  Likewise, it is equally important not to make overgeneralisations about those those who live in upper class neighbourhoods and business districts or in lower socioeconomic areas.  People can act in all different ways, and outstanding, professional process servers should always stand ready to ensure that they act accordingly and remain ready to adapt.  However, as a general rule of thumb, the more professional Oklahoma process servers fit in to their surroundings and those within them, the more likely they chance they will have increased success when serving court papers.

Why Process Servers and Private Investigators Who Steal Clients From Oklahoma Private Investigation and Process Server Companies Seldom Prosper

Why Process Servers and Private Investigators Who Steal Clients From Oklahoma Private Investigation and Process Server Companies Seldom Prosper

            Anyone who has ever served in the field of process serving, private investigation, etc., has likely needed to collaborate with another professional in the field.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com does so all the time.  Depending upon the other private investigators or process servers one is working with, this can prove to be relatively enjoyable experience or can turn out to be a major headache.  Indeed, all too often in this competitive field, other process servers and private investigators have an inclination to get greedy, bossy, and sometimes even steal customers.  This, of course, hurts all parties concerned and is extremely detrimental to the client.

            A process server or private investigator who steals other clients or who makes sanctimonious, unreasonable demands excessive amounts of for money will quickly obtain a poor reputation in the field.  No attorney, business, process serving or private investigation company, or private individual wants to continue a business relationship with others who try to cheat, steal and gouge.  Unfortunately, whereas collaboration can work to the benefit of everyone concerned, not everyone is willing to collaborate and work together.

            Likewise, sometimes a process server in another state (i.e., California) that an Oklahoma process serving company has hired to assist them will sometimes try to start interacting directly with the client.  This is almost always done without permission and with the intention to undermine the Oklahoma process server’s own business.  Once again, this short term gain will eventually cause much greater losses for the private investigator or process server who is busy stealing clients.

            One way to combat this is to have each process server or private investigator hired in sign a non-compete agreement.  These contracts can specify that the other process server or private investigator is not allowed to contact the specific client(s), have someone else do so, etc.  If they do, the process server or private investigation firm that hired them can sue them and win damages in court, etc.  However, some Oklahoma process servers would contend that getting this accomplished is easier said than done.

            Not all process server and private detective agencies are willing to sign such agreements.  These professionals might be “insulted” that one would even ask them to consider such a thing.  However, those private investigators and process servers that are unwilling to sign them are often the most likely to go behind the back of those who first hired them anyway.  Thus, their unwillingness to do so should serve as an enormous red flag, and all process servers and private investigators should avoid enlisting their help.

Other Oklahoma City private investigators and Yukon, Oklahoma process servers might note that tracking the people they have hired to determine whether or not they are going behind their backs to steal clients is quite difficult.  Fortunately, by doing “quality assurance checks” on them occasionally, one can usually find out who served the papers.  Thus, an Oklahoma process server goes online and checks to see who has been filling out the affidavits of service for an certain attorney.  If the person listed on the affidavit of service for the new cases is the same one the Oklahoma process server originally hired in to do the work, then he or she is violating the terms of the agreement.

While trying to track whether private investigators have engaged in this unethical practice can be a bit more difficult, a significant red flag might emerge whenever the Oklahoma private investigation firm sees a sudden drop in what is otherwise steady business from a customer.  This drop, of course, could be coincidental (i.e., the attorney is ill), but it could also require a bit of investigation on the part of the private investigator who hired the staff member or independent contractor to begin with.

Trying to monitor the activities of process servers and private investigators can prove to be a very time consuming task.  Therefore, taking great care in who is hired in is extremely important.  Performing background checks, asking for references, etc., can be vital.  Any process server or private investigation agency that refuses to provide references is one to avoid. 

While even the best and supposedly most trustworthy process servers and private investigators can betray the trust of those they have hired in, anyone who steals clients from others is seldom prosperous for very long.  Reputations spread, and other process servers, private investigators, law firms, governmental agencies, and more will find themselves much less likely to want to provide business to those unscrupulous individuals.  It is far better for all concerned to play fairly and to treat one another with respect and dignity.

Why Oklahoma Private Investigators and Process Servers Should Form Limited Liability Companies (LLCs) Instead of Traditional Corporations

Why Oklahoma Private Investigators and Process Servers Should Form Limited Liability Companies (LLCs) Instead of Traditional Corporations

            One thing that America is known for is its love of the courts.  For hundreds of years, the judicial system in the United States has played an extremely integral role in helping to settle divorces, small disputes, malpractice claims, business disagreements, immigration matters, and even criminal charges.  Needless to say, many business owners usually find out that they are not immune to lawsuits from unhappy customers.  Oklahoma private investigators and process servers can also find themselves sued, and thus they should equip themselves with the legal protections that forming a limited liability company (LLC) can provide.

            Limited liability companies can help give any process server or private investigator the chance to cover himself or herself with a “corporate shield” of sorts.  By forming an LLC, process servers and private investigators alike can make it to where, if ever successfully sued, their business assets are the only thing that a plaintiff can take from them.  This differs greatly from companies that are simply incorporated, and all Oklahoma process servers and private investigators need to know this major difference.

            Say, for example, that Mark, a customer, sues Jack, a diligent private investigator in Oklahoma, in court.  Mark somehow convinces the jury that he is right and that PI Jack is not.  Furthermore, in a miscarriage of justice the jury awards Mark $400,000.  Private Investigator Jack appeals, but he loses a few times.  Now Mark turns to Jack’s business assets to see what all PI Jack is worth.  However, Mark quickly gets disappointed.

            After a  hearing on Jack’s private investigation company’s assets, the courts determine that Jack’s business only has $3,000 worth of business equipment, assets, and property.  Everything else Jack owns is his own personal money and property.  Because Jack’s private investigation firm does not have the other funds, Private Investigator Jack realizes he can never pay off $400,000 and decides to have his company declare bankruptcy.

            After the bankruptcy goes through, Mark, the plaintiff in the case, walks away with his $3,000 and the satisfaction of knowing that the “evil” private investigator’s company is now bankrupt.  Private Investigator Jack, thankful that Mark could not touch his personal assets that amounted to $750,000, puts on his Oklahoma process server hat and forms a new company, which is also a limited liability company. 

As a process server, Jack also expands his business to include other fields, making sure to take out protective professional liability insurance.  Process Server Jack knows he cannot declare bankruptcy for many years to come, so he takes great care to sign special agreements with his clients, which serve to further protect him from lawsuits.  Now Jack brings his previous customers on board to his new business, and he enjoys the fruits of his labour.

            Having said all of this, courts can still pierce the corporate shields that protect business owners from having all of their personal assets take from them.  For example, if Private Investigator Jack had mixed his personal assets with his business assets, then Mark could have asked the courts to pierce this shield.  This is just one of several ways in which this can happen.

            All Oklahoma City process servers and Edmond, Oklahoma private investigators should remember another important thing though.  If their business is especially large, all of those assets are subject to a lawsuit.  Thus, if Private Investigator Jack’s private investigation company had amassed assets of $400,000 or more, then Mark could have successfully taken those away from him.  Mark just could not have touched any of the owner’s personal financial assets. 

            The corporate shield that limited liability companies have was especially meant to protect small businesses like private detective agencies and Oklahoma process server companies like Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com.  Otherwise, many business owners might not want to take the risk of starting a business and possibly losing both their company and personal assets.  All smart private investigation and process server companies in Oklahoma should definitely form limited liability companies, instead of simply becoming incorporated.

Why Oklahoma Process Servers, Oklahoma Private Investigators, and Notary Public Officials Should Carry Professional Liability Insurance

Why Oklahoma Process Servers, Oklahoma Private Investigators, and Notary Public Officials Should Carry Professional Liability Insurance

It goes without saying that process servers, private investigators, and mobile notaries alike should carry various types of insurance.  These professional fields can come with a variety of risks, and having outstanding life insurance, health insurance, dental insurance, vision insurance, and short and long term disability policies is something all of those serving as professional Oklahoma process servers, notary public officials, and private investigators should have.  This type of insurance helps to ensure that if something ever happens to the Oklahoma notary public, process server, or Oklahoma private investigator, that these professionals and/or their families can get the needed financial assistance.  However, many individuals overlook one very important aspect of insurance that all professional private investigators, notaries, and process servers should have.

            Process servers, Oklahoma mobile notaries, and private investigators alike in the State of Oklahoma and elsewhere are often working on a legal case of some sort.  Knowing how litigious the general population in the United States of America tends to be, it goes without saying that any Oklahoma process server, notary public, and private investigator is equally open to lawsuits and other litigation, with or without merit.  Indeed, process servers, private investigators, and Oklahoma notaries public can make mistakes, too, and these mistakes can cost their clients money.  Of course, this legal liability in the courts does not extend only to Oklahoma mobile notaries, process servers, and Oklahoma private investigators. 

Medical doctors and teachers, among others, often face the same legal risks, and they carry professional liability insurance policies.  In this case, if someone sues them, they have money to help pay or their defense and, if they lose the case or have to settle it, will be less likely to lose their house, cars, retirement, and other personal property.  This way such incidents, while they will likely raise the doctors’ premiums and might cost them their medical licenses, will hopefully not affect their personal finances, too.

Most states require process servers, private investigators, and notary public officials to carry some type of a bond.  Many Oklahoma private investigators, mobile notaries, and Oklahoma process servers might unknowingly assume that a bond covers them in all ways.  This is simply not true, as bonds only serve to help protect their respective states from liability.

Oklahoma private investigation companies and detective agencies that hire other individuals are required by the State of Oklahoma to carry at least $100,000 of liability insurance.  A notary public in Oklahoma is not required to do so, but most of the major signing companies will not contact them and utilize their services unless they carry anywhere between $25,000-$100,000 of errors and omissions (E&O) insurance.  However, when considering whether or not to carry professional liability insurance, there are several factors to consider:

v What happens if a private investigation company is sued for more than $100,000?  Where will this money come from?

v How badly do notary public officials want to get service requests from signing agents?

v What if a notary public accidentally makes a mistake on a home loan closing that costs the client quite a bit of money?  Who will pay for it?

v What if a process server, who is not required to have any professional liability insurance whatsoever, ends up in hand-to-hand combat with a dangerous person and someone who is not at fault ends up getting hurt?

It is true that many private investigators, process servers, and notary public officials would be more likely to shy away from professional liability insurance, given its costs.  However, this type of insurance is relatively inexpensive for Oklahoma mobile notaries and an Oklahoma notary public can often acquire it through the National Notary Association (NNA).  Though a bit more expensive for process servers and private investigators, is also worth the costs. 

Making a small initial investment of $100, $650, or even $1,000 up front would be far better than having to end up paying $100,000 or even $1,000,000 in the future.  Besides, the United States Internal Revenue Service (IRS) allows these professional to write this type of insurance off as a business expense.  The professionals at Oklahoma Judicial Process Servers www.OklahomJudicialProcessServers.com always make sure to carry professional liability insurance.  It is much better to be safe than sorry!

How Oklahoma Process Servers Can Successfully Handle Misguided Blame From Attorneys and Other Clients

How Oklahoma Process Servers Can Successfully Handle Misguided Blame From Attorneys and Other Clients

            It goes without saying that everyone makes mistakes.  This applies no matter whether someone is a doctor, lawyer, process server, teacher, or even the president of a country.  Mistakes are an inherent part of our human nature.  While it is true that Oklahoma process servers can certainly make their fair share of mistakes, sometimes it is the clients (i.e., attorneys, businesses, private individuals, etc.) who place misguided blame onto hardworking process servers.  There are many ways in which a process server can handle the situation, and how an Oklahoma process server does so can make a huge difference for everyone involved.

            Let us assume that a process server has received a set of papers to serve on an individual.  After taking all of the necessary steps, he or she serves the papers on the person.  After filing out the return of service and sending it back to the client with a copy of the papers served, the Oklahoma City process server gets a phone call.  The attorney on the other end asks, “Why did you deliver those documents to the individual?  I never gave you those documents.  Why didn’t you serve the documents I gave you?”  Of course, the attorney says this despite the fact that the papers the process server delivered were the exact same ones he or she received from the law firm, and they even had the person’s name on them. 

How else could the process server have acquired those documents?  Which process server goes around searching out other documents in a case to serve on a defendant/respondent that the process server does not need to serve?  Obviously, an Oklahoma process server would have no need to serve unnecessary documents.

What has most likely happened in this situation is quite obvious: the lawyer did not give the process server the right papers and/or changed her mind about having the services performed.  Then the attorney wanted to unnecessarily project the blame onto the process server and thus deflect it from herself.  Perhaps the attorney works for a large firm and is afraid of getting into trouble for her mistake.  Thus, by saying the process server was at fault, she can try to circumvent the blame and minimize the damage done to her career.

There are many ways to successfully and diplomatically handle this matter.   One of them involves having the process server calmly explain to the client that he or she had no access to any other papers, and only served what the attorney provided.  Besides, why would Oklahoma process servers want to serve unnecessary papers?  However, if the attorney is determined to deflect the blame from herself, this is unlikely to yield satisfactory long term results.

Another approach the Oklahoma process server can try involves offering to redo the serve.  This, while it requires extra work on the part of the process server, may help the client save face and thus use the same process server’s services again.  This approach also eliminates any arguments.  Of course, this method also comes with numerous drawbacks.

Doing the serve again for free might also affirm in the client’s mind that she was right to initially make such an assertion.  In addition, it will cost the Oklahoma process server more time and effort.  This time and effort could prove to be especially taxing if the serve took a long time to complete, and the process server may resent having to redo it for free.  Indeed, no process server wants to have to continually redo serves he or she already successfully completed over and over again for the same client.  Depending upon the client, perhaps another approach might prove to be more suitable.

A combination of these two approaches can also prove to be effective.  The process server in Edmond, Oklahoma can diplomatically explain that he or she served the correct papers in a timely fashion.  Then, without allowing the situation to turn into an argument, he or she could simply offer to serve the papers the attorney or other client wants one more time.  Provided the case did not take an exceptionally long time to serve, this allows the attorney to save face, eliminates harmful debates and arguments, and might help the process server keep the client for future business.  However, some process servers will undoubtedly strongly disagree with this approach.

A process server could easily contend that he or she is a licensed professional who deserves to receive pay for the work he or she did.  After all, the attorney made the mistake, so why should the Oklahoma process server have to pay for it by doing extra work for free?  Does the attorney perform services for free?  Additionally, who is to say that the client will even use the same process server again?  These are all excellent contentions, and they deserve serious consideration.

Oklahoma process servers who find themselves in this situation should consider several things, which are noted as follow:

Ø  How much other work does this client give the process server?

Ø  Is this client a referral from another big client?

Ø  Is this lawyer likely to go and tell many others about the “poor service” he or she received?

Ø  Is it better to receive the pay in the short run and possibly risk isolating the client in the long run?

Obviously, process servers have to consider many different things when deciding which approach to take.  Either way, the process server should, at the very least, receive pay for the successful serve he or she already did.  That should be non-negotiable, unless those serving as Oklahoma process servers believe it is better to simply forego the money altogether. 

Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com takes great pride in helping clients from around the world.  Our staff has, on very rare occasions, faced situations similar to this one, and the client is not always right.  However, if a process server want to find success in the long term, taking a polite, diplomatic approach is always best.  After all, clients are only humans, and they, too, are just as vulnerable to making mistakes as other human beings who serve as process servers.

 

Oklahoma Process Servers Need to Make Sure to Follow the Laws When Serving Papers

Oklahoma Process Servers Need to Make Sure to Follow the Laws When Serving Papers

            Since Oklahoma has very few requirements and no training or education required to become a process server, there are some important Oklahoma laws process servers should know about.  These laws not only help ensure that the legal process is administered through a fairer process, but it doing so will also help keep professional process servers who work in Oklahoma out of trouble.  A few of many process server laws are explained herein . . .

            When posting documents to doors of people who are being evicted from an apartment or house, process servers need to take additional actions.  Ideally, serving an individual in this case via personal or substituted service is best.  However, if this is not possible then posting the papers to the door is generally considered good service, though with one very important caveat.  After posting the papers to the door, the Oklahoma process server must then send the same documents via certified mail to the same address.  Indeed, the process server should file the original receipts showing that the documents were sent with via certified mailing, making sure to also keep a copy for his or her clients.  If this is not done, a judge is likely to throw out the service as insufficient, and the client(s) that hired the process server could suffer.

            Another important law that process servers need to follow is to make sure that if they say they have actually served someone that they really have.  Under Oklahoma law, if a process server claims to have served a person but has not really done so, then he or she is guilty of a felony.  Thus, process servers should take great care to actually serve the people they say they have, and sometimes taking a photo of it happening or having a video camera running can help keep a process server in the clear later down the road.

            Process servers should also be aware that just because a person does not want to accept papers or throws them down on the ground, this does not mean that they have not been served.  The state of Oklahoma does not require people who are being served to have to sign for documents that process server delivers.  If Oklahoma did require this, most people would never get served!

            Another common sense law that process servers should follow is to make sure that they always carry their licenses on them when out on official duty.  As officers of the court, they have to identify themselves and present their licenses to those they serve, security officials, the police, etc., if so asked.  Having the license laminated helps preserve it, but Oklahoma process servers should take care not to actually give their licenses to anyone other than law enforcement officials to actually hold, as the people holding them might get angry and try to destroy them.

            These are just a few of many different kinds of laws that professional process servers need to follow.  There are so many that a large number of those in the field just do not know about.  Knowledge is indeed power, so it is important that the job is done right!  If you have any questions, please feel free to ask the experts at www.OklahomaJudicialProcessServers.com.

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.

The Importance of Video Cameras for Oklahoma Process Servers

The Importance of Video Cameras for Oklahoma Process Servers

            Traditionally many people think of video cameras as something that, say, a licensed private investigator might have use for.  A professional Oklahoma process server would never have use for video cameras now, would they?  Well, while it is indeed true that private investigators in Oklahoma like those at Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com often have more of a need for them than their process serving counterparts, this does not mean that the latter does not need them at all.  Indeed, video cameras can prove to be valuable for members of both professions.

            A lot of things can potentially happen to Oklahoma process servers when they go up to serve someone papers.  The person they are serving might be very nice and could just accept the papers.  This can make for a smooth, easy serve, but unfortunately this is not always the case. 

Some people grow angry and blame the Oklahoma process severs for serving them the papers.  Despite the fact that process servers are an impartial party to the entire process, this does not always seem to matter.  The person who just got served might try to attack the professional process server and might also curse and swear at him or her. 

Threats of violence can also take place, and a carefully mounted video camera located on a car or a tiny video camera placed on the process server’s shirt can provide invaluable evidence.  Everything needs to be documented to show the police or even a judge or jury how what happened and can exonerate the process server while showing where the real blame lies.  However, other circumstances also arise when process servers in Oklahoma can find great use for a video camera.

Sometimes people who are served will lie and will claim that they never received the papers at all.  While the courts will often believe an officer of the court over other ordinary individuals, having video evidence can help ensure that anyone claiming that he or she was not served has just perjured himself or herself in court.  This also protects Oklahoma process servers from legal liability, as it is a felony in Oklahoma for a process server to have properly claimed to have served someone papers when he or she really did no such thing.

Video cameras definitely have their place within the professional process serving profession.  When used correctly, they can record helpful evidence that can protect process servers.  This type of equipment adds an extra layer of invisible armor that serves as a shield of sorts.  Indeed, video cameras can protect private investigators and process servers both!

Oklahoma Process Servers Should Have Formal Training Courses to Help Them Succeed

Oklahoma Process Servers Should Have Formal Training Courses to Help Them Succeed

            For the sake of professionalism and the quality of work, Oklahoma process servers should have to take some kind of training class.  Right now all a process server in Oklahoma has to do is to go down to the courthouse with two passport photos, get a small process server bond, swear he or she is of sound moral character, be at least eighteen years of age, and make sure there are no felonies on his or her record.  Quite frankly, that is far too easy, and it entices many people into the profession who have no clue about what it means to be a process server.

            There are so many rules under both the Federal Rules of Civil Procedure and the Oklahoma Rules of Civil Procedure that process servers have to follow.  These laws not only benefit them, but they also help the clients they work for.  For example, a well-trained process server should know how many attempts on service he or she should make, as well as the different types of allowable service (i.e., personal, substitute, posting, etc.).  Knowing the laws, which the process servers at Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com are well versed in, can also help process servers in other ways, too.

If process servers do not know what their rights are and what they can do, businesses, individuals, and the federal government might try to exploit a process server’s lack of knowledge.  For example, some federal penitentiaries like the one in El Reno, Oklahoma refuse to allow process servers to serve process on inmates.  They will only let a sheriff’s deputies provide the service, and they claim to allow it by mail.  However, an Oklahoma process server has the same right as a sheriff’s deputies to serve process.  If a process server in Oklahoma does not know that the Federal Rules of Civil Procedure specifically allow them make this type of serve, then they may think they cannot do it when they really can.  This is just one of many examples where the laws can aid in the service of process.  Of course, laws are not the only things process servers need to know.

An excellent process server will also provide creative methods of service and will know how to find and seek out someone who is hiding.  How does someone serve an individual who is in hiding and does not wish to be found?  These are areas in which process servers should receive continual training, and yet where is the school or training to learn this?  It is true that some who enter the field of process serving may have a military and/or law enforcement background, and others will have a very natural creative ability.  However, how many humans enter the field of process serving without any such experience or knowledge of creative methods?  The number is probably higher than most people think.

Many process servers pay a large sum for their license and get their bond thinking that people will just automatically contact them.  However, professional process servers who have served in the field for any given period of time know otherwise.  To stay in the field, one must know how to form, market, and run a business and seek out and keep clients.  Unfortunately, most new process servers find themselves lacking this vital knowledge, and thus their licenses often sit there largely unused. 

These are some of the numerous reasons why process servers in Oklahoma should have to have some type of course or training like they do in Texas and in various other states.  This type of training will not only help process servers become more effective as professionals, but it might also help raise the amount of money they can charge for their services.  Until then, the field of process servers will remain saturated with an endless supply of individuals who very well may not know what they are doing.

       The Weird, the Wild, and the Outright Hilarious Tales of Oklahoma Private Investigators            

            Experienced private investigators in Oklahoma often see some pretty fascinating cases.  These can range from things that are dangerous to those that are just plain odd.  Here you will hear about a tale from a private investigator that might just make you laugh!

            One day a private investigator was out with his video camera watching a woman whom the insurance company had suspected of pretending to be hurt.  The lady in question was a fourty-year-old exotic dancer, and she had supposedly gotten hurt while on the job.  However, the insurance company suspected fraud, so they sent this Oklahoma private investigator out to look into the matter.

            After sitting in his car in the hot sun for some time, guess who emerged from the house?  Yes, the woman came out into her backyard.  However, apparently she was hardly far from hurt, as she began bouncing up and down on her trampoline.  This in and of itself would definitely prove, short of some new “trampoline therapy,” that she was uninjured, but the story doesn’t end there. 

What makes this story so interesting is the fact that the lady was in fact dancing in the nude!  Yes, her boobs were bouncing up and down as the private investigator caught everything on tape.  Trying to contain himself from laughing and getting slightly turned on at the same time, he could not wait to get the video back to the office.  It is believed that many people found the tape to be very interesting indeed.

Now, one might ask what kind of defense the woman would have used against this?  Trampoline therapy?  Insanity?  Who knows?  Whatever the case, the private investigator got this case solved and the woman probably had to go find another job.  The evidence against her was too overwhelming, and this shows how private investigators can often get work done that the police simply do not want to mess with.  For more weird and wacky private investigator stories, please contact the experts at Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com.

Oklahoma Judicial Process Servers Announces its New Mobile Web site!

Oklahoma Judicial Process Servers Announces its New Mobile Web site!

            Oklahoma Judicial Process Servers is pleased to announce its new mobile Web site, which is www.moably.com/OKProcessServers.  This site is very easy to see from your cell phone or iPad, and it adds a very condensed component for easy viewing.  Of course, the site will also give you the option to see the full Web site, which is www.OklahomaJudicialProcessServers.com.  Both sites are very informational and will help you the the professional legal assistance you need at a price you can afford!

            We would also like to announce that we have officially been listed on the Bing Business Portal, and you can find other discounts there.  You may visit this wonderful site, which includes outstanding features and information about Oklahoma Judicial Process Servers, at http://bbp.ms/u37ghi.  Bing Business Portal and Oklahoma Judicial Process Servers have partnered up to help bring you the best possible Oklahoma process servers, private investigators, expert witnesses and notary public services.  Please visit this site today as well!

Effective Ways for Process Servers in Oklahoma to Keep Their Clients

Effective Ways for Process Servers in Oklahoma to Keep Their Clients

            There are many methods that process servers can use to help retain loyal clients who will often provide business year after year.  Repeat customers also save the time required to always have to go out and find new ones.  A professional process server can benefit greatly from following a few principles that should help ensure much success for years to come.  Oklahoma Judicial Process Servers would like to share what a few of these are.

            One of the main tenants of retaining customers is to have very competitive prices that meet or beat those of other process servers.  If others have prices that are lower, clients might choose the other company and/or individual.  Economy-crushing companies like Wal-Mart followed this principle by matching or beating all of their competitors’ prices, and thus people looking for a bargain flocked – and often still flock – in droves to its stores.

            Money and lower prices will not get a process server very far if the clients find service he or she provides to be wanting.  If a professional process server in Oklahoma is rude, does not do the serves correctly, etc., then lawyer or other individual will often go elsewhere – even if it costs them a bit more.  Promptly answering E-mail, returning phone calls, and providing case status updates are also vital!  Low prices are great, but without excellent service to go along with them, they just won’t cut the mustard.

            Often law firms and other professionals will complain about how a process server took too long to do a job or did not even really try at all.  This goes back to the entire customer service experience.  Those who are the most successful in this field provide quick, accurate service and are very nice to their customers.  Likewise, they try to be respectful to the people they serve, as anyone – even process servers - can get served at almost any time.

            One combination of customer service and affordable prices necessitates the sending out of business cards, thank you notes, magnets with company logos on it, etc., to customers.  These help promote one’s business and are often kept on hand for future use.  Secretaries and others often remark about how they still have a business card or mug from Oklahoma Judicial Process Servers which bears its logo.  Including a little coffee that has a process server’s business card taped to it when sending out mugs always adds a nice touch!  These are little investments that can potentially pay dividends for quite some time.

Clients who send coupons with discounts on the next serve and a short handwritten note of thanks can score big points with the people they help.  Who doesn’t love a discount and really feel and know that their process server appreciates them?  Once again, this goes back to fantastic service and dedication to the profession.

These are just a few of many things that Oklahoma process servers can do to help keep their clients loyal for quite some time.  It is a sound business practice for process servers in Oklahoma to keep relations with the people they serve positive and to let them know how much they really are valued and appreciated.  After all, there is so much more to the field and life in general than just making money.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com highly values all of its customers!