Summary: A key role in learning how to apply FBI techniques while serving legal documents is developing our emotional intelligence. By doing that, we learn a crucial secret about de-escalating any difficult situation or calm an angry person in seconds. That secret consists of two simple things:
Process servers face many challenges while attempting to locate a person, to obtain more information that could help find the person to be served, to build rapport with a stranger, to alleviate an escalating situation. Most of these challenges can be resolved by observing and communicating. Observation plays a key role in identifying and gathering additional information that could prove helpful in ruling out an address. It helps a process server discover more about the residence, rule out if anyone actually lives at the given address or not; or confirm that a person may not reside here if his/her name is not on the mailbox.
Along with observation, communication helps a process server gather valuable information before and during an attempt to deliver process and may ultimately help with locating the person being served or overcome a difficult situation of avoiding. Using FBI techniques and tools process servers can successfully build rapport, diffuse a difficult situation, gather valuable information and ultimately complete the service of process right the first time.
A key role in learning how to apply FBI techniques while serving legal documents is developing our emotional intelligence. By doing that, we learn a crucial secret about de-escalating any difficult situation or calm an angry person in seconds. That secret consists of two simple things:
Experience shows that underneath anger and fear, people are often experiencing deep unresolved grief. Many people also experience abandonment and feel deeply unloved. These are added to the list because they arise often.
The physical aspect of emotion is what we commonly call feeling. When a person you are trying to serve gets frustrated, his/her face may turn deep red which is caused by blood rushing into his capillaries. In addition, some people have a difficult time labeling their emotional experience. A person you are trying to communicate with while attempting to deliver legal documents, may experience the affect of anger, for example, but not be able to communicate his experience. He will just want to go out and hit something because he has no way to express to himself or others what is going on inside him. Another person may be able to categorize his emotional experience as anger, and communicate in a rough way that he/she is angry. People who are able to not only categorize their emotional experience, but can also provide details about it, tend to have higher emotional intelligence, have better self-control, and are able to make better choices under the fire of emotion. People with lesser ability to name and detail their emotions have less emotional intelligence, less self-control, and a harder time making good choices when upset. Here is an illustration showing the degrees of emotional distress:
As a process server your communication skills and ability to detect emotions in others help you identify situations that may spiral out of control. Equipped with the right set of tools and techniques, a process server can learn to de-escalate a tough situation or calm an angry person in 90 seconds or less. It is important to be aware of the words you use, the way you phrase things. Do you phrase things always as either/ or? Are the word choices you choose always negative? Are you compassionate with how you describe the purpose of you knocking on someone's door? Do you use language that lifts up or pulls others down?
Mindfulness is one of the most effective behavioral tools you will ever have as a process server for dealing with rising anxiety, stress, sadness, and myriad other emotions. Process service is often a difficult job where both process servers and the people they are trying to serve experience negative emotions. Therefore, process servers must be equally mindful of their own emotions as they are to the emotions of the people they encounter in their daily routes to serve process. Internal mindfulness, which pays attention to our own inner self-talk, watches for any negative patters in behavior or perceptions. It takes some practice because you have to break through the distortion of what you think versus what is true.
Next time you are out attempting to deliver legal documents, be mindful about what is real and what is distorted. Watch out for your own negative thoughts as they can influence how you approach the next person on whose door you are going to knock. Always take a step back and take control of your own emotions before you carry them with you and onto the next person you are going to try and deliver legal documents to.
Developing your emotional intelligence as a process server is just one of several tools and techniques that top FBI agents use to de-escalate and calm an angry person. To find out more about the other tools that FBI agents use on a daily basis, consider enrolling in the program "How To Serve Like an FBI Agent".
Handle difficult to serve people, learn to deal with confrontation, and cut time spent per service with tactics and strategies specifically developed for the process service industry based on the experience and knowledge of FBI agents and law enforcement officers.
Most limits are self-imposed. The difference between good and great comes from pushing yourself beyond them...
Over the years, we have helped many process servers throughout the United States and have had the opportunity to talk to dozens of extremely successful servers with different levels of experience. One of the favorite questions we ask is: "What got you here?"
The answer reveals a simple truth about success, and the process servers who actually achieve success. During the current times of change, many process servers feel they are on the downside of advantage. It seems that it is tempting for them to rationalize that incredibly successful process servers were blessed with some advantage. Intelligence. Talent. Education. Connections. A special something.
In reality, that never turns out to be true. Almost to a person, highly successful process servers consider themselves to be average in almost all things. Sometimes even below average. Their only "advantage" was hard work.
So what is the secret you may ask? What is that special something that makes some process servers really successful?
Mental toughness. Determination. Willpower. Perseverance.
Whatever word you use, the ability to overcome roadblocks, to push through hesitation and discomfort and even just boredom, and keep working toward a long-term goal, is what allows "ordinary" process servers to accomplish extraordinary things, to stand apart from others, to "land" this great law firm as a client, to succeed and perhaps most important - to retain that level of success for years to come.
Take Dave from Michigan for example (Dave is the name we chose to use for all successful process servers we talked to). Dave is decidedly average. No special background in process service when he started 10 years ago. It has been a difficult few years struggling with learning the rules and regulations of service of process. Finding clients was challenging as it seemed most law firms in the area already had someone they were using, even though they were not particularly happy with who they had as a process server. Dave persevered. He diligently continued to do his work with utmost dedication. No matter how large or small a law firm was, Dave approached each one of them with the same excitement, attention and respect. Doing the extra little something, like a skip trace, even when the client never asked for it, or providing a timely affidavit, Dave kept his focus on how to best serve each and every client that called or reached out to him. Day after day. Year after year. It is when he least expected it that the miracle happened - both local and large law firms started calling him to take care of their service of process. They have heard how great Dave was from other clients. Yes, the miracle happened. Except it was not really a miracle. It was Dave!
You, as a person and as a process server, you always have more in you than you think.
When you are doing something difficult and think you need to stop, you have more in you. When you are trying to find and serve this person who has been avoiding you and are ready to give up, you have more in you. When you are about to give up on running out for that paralegal who called you at the end of the day with a rush service to handle, you have more in you as a process server. When you are about ready to give up on yourself, because finding new clients seems so unattainable, you have more in you. And when you are about to give up on process service because your business does not seem to be working out as you have hoped for, you definitely have more in you!
Why? Because most of our limits are self-imposed. Over time, process servers set those limits for themselves. They listen to other servers complaining how hard it is, and they give up. How long will we stick with a challenge before giving up and moving on? How long will we stare at a whiteboard, trying to think of a way past a problem, before giving up and moving on? How many cold calls to law firms or paralegals are we going to make? Emails to send? Proposals to create? Bids to participate in? Follow-ups to make?
Those limits only seem real because habit has created them. But they are not real.
Think of a time when fear helped you push past what you thought was a barrier. Think about a time when a huge incentive helped you push past what you thought was a barrier to the success of your process service business. Then, you could do more. Because as it turns out, your limit was only 40 percent of what you were truly capable of achieving.
Next time you think you have reached your cold-call limit as a process server, make one more. Next time you think you have reached your training limit, take another class or read another helpful article. Next time you think you have reached your quality in the service you provide your clients, double-check your limit, check again, and find yet another thing you can improve. Challenge yourself to see if you can do even better. And you will realize that your limits as a process server are self-imposed. You will realize that your self-created limits are what holds you back from achieving success as a process server! You realize that you can accomplish a lot more than you once thought possible!
Do you have the perseverance to be the Go-To Process Server in your area?
The Process Server Center is here to help you every step of the way in your journey to the Top!
Don't Let Your Self-Created Limits Hold You Back?
You Can Be the Go-To Process Server in Your Area!
What would your business be like if you were the process server who came to mind every time someone said they need a process server in your area? We bet your inbox would be full of requests or orders to serve legal documents from qualified legal professionals. All of us at the Process Server Center want this for you! We want you to be the Go-To Process Server in Your Area! We want you to be successful in growing your process service business! And we are excited to be a part of this journey with you!
Becoming the Go-To person in your industry takes consistent, laser-focused and clear direction and effort. As a process server you must be bold in your beliefs and confident in your knowledge in order to be seen as a resource in your industry.
Does it sound difficult? Perhaps it does, but remember Steve Jobs' words that "perseverance is the main determinant of a success". Most people easily get discouraged or even give up but we are convinced that "about half of what separates the successful entrepreneurs from the non-successful ones is pure perseverance", Steve Jobs added.
So who are the Go-To process servers that attorneys, paralegals and other legal professionals turn to when they need that service done right the first time? The Go-To process servers are the fixers who step up and do the actual work. Under pressure, other process servers turn to them to identify and implement solutions. They get the legal documents served every time on time. They are the ones who know how to find that person who is avoiding to get served. They are the ones who know people, know how to talk to people and know how to calm down an angry person. The Go-To process servers possess that knack for making process service seem so easy.
How can you become a Go-To process server in your area? Here are nine ways to achieve that:
As they prepare and train, Go-To process servers imagine the day when it all comes down to the wire. They visualize different scenarios when they knock on that door, and physically, mentally and intellectually prepare themselves. Alone, they study the strengths, flaws, and tendencies of their competition. They learn from the best in the process service industry and never tire to learn. There is nothing supernatural about it. As hockey great Wayne Gretzky explains, "I skate to where the puck is going to be, not where it has been." The same is true for the Go-To process servers. They just prepare more and process faster. As a result, their reactions become unconsciously instinctive and the end result is a proper service of process done right every time.
The Go-To process servers are more afraid of missing out than making mistakes. More than anything they want to own the outcome. Go-To process servers take responsibility and assert themselves when others shrink back. They learn from challenges when serving legal documents and they embrace opportunity to step in and take this difficult service of process that no one else wants.
Winners know that the distance between winning and losing is often a matter of inches. Go-To process servers are humbled by the knowledge that they can always fall short no matter how far they came. Despite any setbacks, successful process servers don't dwell on the moment or feel sorry for themselves that they lost that contract or missed that client. Go-To process servers know that learning entails a lot of losing. It may be losing a contract. It may be not charging enough for that hard service. But they never lose their stamina, confidence or will.
What separates them from other process servers is accountability. Go-To process servers do not make excuses or blame someone else. They don't play the victim or wallow in anger. They realize that they set the standard. Top professional process servers get back on their feet and lift their heads high.
Go-To process servers forge relationships. To succeed, everyone must believe in each other. Top process servers build connections with others, whether they are clients or peers. They look for ways to keep everyone involved, helping and finding ways too constantly become better at what they do.
There is one trait that unites top process servers and that is grace under pressure. They have mastered their emotions. Clients have confidence in them and are relaxed because top process servers stay calm themselves, even when the deadline is short. It is exactly what earns them the respect and loyalty of both legal professional clients and their peers.
Do you have the perseverance to be the Go-To Process Server in your area? The Process Server Center is here to help you every step of the way in your journey to the Top!
Do you feel you have what it takes
to become a Go-To Top professional process server?
Personal service of process has been the hallmark for initialing litigation for nearly 100 years primarily because it guarantees actual notice to a defendant of a legal action against him or her.
The author further argues that for the reasons set forth above, while electronic service of process may hold promise for the future, and until adequate technological measures are engineered that (1) satisfy constitutional Due Process requirements for the parties in a manner substantially identical to those provided by physical service of process, (2) more closely approximate the reliability of physical service of process and maintain a presumption of validity generally free from wanton and frivolous challenge, and (3) ensure that the security profiles, retention and validation capabilities of any such proposed system are engineered with true longevity in mind, personal service of process remains the most effective, reliable, and trustworthy method for providing notice of a pending lawsuit and an opportunity to be heard.
To learn more about how this process has worked with real cases and to see if it really was that simple, we inquired about service by Facebook with the team at Statewide Process Servers out of West Jordan, Utah, who affirmed that: “...We have had it happen 3-4 times in the last few months. They are divorce/custody cases in which they either do not have an address for the respondent or we are unable to serve the respondent at the addresses they have. Our client will file a motion for alternative service with the court in which they ask to serve the person through their confirmed Facebook page. Once the Judge signs the order granting it they send it to us. I then create image files of the documents and send them to the person through Facebook messaging. I take a screenshot of each image being sent through the Facebook messaging app and include them with an Affidavit of Service indicating that I served them via Facebook Messaging per the judge's order to do so.”
What is Process Service? - Process service also known as “service of process” is the procedure employed to give an appropriate notice of initial legal action to another party (such as a defendant), court or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called “process”) to the person to be served.
The above definition is the legal definition applied to service of process. What is Process Service in reality then? It is the simple complicated occupation. It is simple because Process Service is simply the delivery of legal documents to a person or a business. Simple enough, right? Not so fast! It is also complicated because Process Service must be done right the first time or the service may be deemed invalid and even the legal case may be dismissed. It is this done right part that makes service of process complicated. To deliver the legal documents correctly, a process server must navigate through the myriad of federal, state, local, municipal, and county rules, laws and regulations. He or she must correctly understand the methods of service prescribed to this one particular service of process, and then apply them while serving the legal documents. The process server must be well-informed and well-prepared in advance of the simple task of going to the person's address and handing the legal documents. That's why Process Service is the simple complicated job that process servers do on a daily basis, in rain or shine days.
Of course, service of process does not have to be hard. All it takes is preparation, so learn more on how to jump start your career as a process server and get certified through the only one nationwide Certification Program for Process Servers.
Associated Services Partners with the Process Server Center (PSC) To Set a Standard for the Process Service Industry
FOR IMMEDIATE RELEASE
New York, NY – Associated Services, a nationwide process service management company, today announced that the company is partnering with the Process Server Center (PSC). PSC is a legal professional organization that has successfully developed the first platform to self-regulate the process service industry throughout the United States.
Through this partnership, Associated Services and PSC aims to:
· Implement the nationwide certification for process servers in order to upgrade the professional quality of services provided
· Encourage the continuous training and education among process servers to support the orderly administration of justice
· Facilitate the administration of Pro-Server List, the only Directory of Pre-Screened and Certified Process Servers in the United States to enhance confidence in the integrity of services provided by process servers
· Provide a hassle-free solution for legal departments of government agencies, law firms and pro se clients to find professional and reliable process servers
The process service industry has a huge market of process servers who constantly come and leave this industry. Process Servers are drawn by the ease of entry to this profession and the excitement to build their own business, all for less than 100 dollars. Self-regulation through certification, feedback incentives and a constantly updated directory of process servers is critical to ensure the consistent quality of service of process and eliminate hassles from improper service of process. PSC survey has proved that legal departments at government agencies, law firms and pro se clients will greatly benefit from advancing the training of process servers and utilizing a database that is constantly being updated to reflect the education, experience and real-time feedback for the quality of work and performance of process servers.
“We are excited to support PSC in the much needed regulation of the process service industry”, says Brani, Andreev, CEO of Associated Services. “Providing the Know-How and Pre-screening of certified process servers in order to provide legal professionals the fast and reliable access to qualified, certified, pre-screened process servers is the most exciting opportunity the process service industry has seen in a long time.”
Ultimately, Associated Services aspires to enable process servers to distinguish themselves from other process servers while providing clients with a reliable source of hiring the best process servers in the United States. According to the Bureau of Labor Statistics, there are currently about 15,000 to 20,000 process servers in the United States. Only 9 states now require initial statewide licensing for process servers and the responsibility to obtain sufficient education and training falls on each individual process server.
"Both national and state associations, like the National Association for Professional Process Servers (NAPPS) require some proof of affiliation with the process service industry for one year in order to become a member”, says Richard Farrell, Program Director at PSC. “Aimed to solve problems in service of process and upgrade the quality of process servers’ directories, we are thrilled to partner with Associated Services to bring to the industry a results-driven approach to ensure the consistent high quality of service of process. Pro-Server List incorporates both entrance and continuous education and training requirements to maintain membership. This Exclusive Directory further differentiates between certified and pre-screened process servers in order to encourage members to get relevant education and also to implement the 4Ps™ Management Model in order to sustain service of process quality in the long run”
About Associated Services
Associated Services is a Nationwide Process Service Management Company. What ensures the consistent delivery of service of process is the management approach the company has developed and implemented based on more than 30 years of experience. Associated Services selects, trains, and oversees process servers throughout the country in order to streamline the process and save you time and valuable resources. Brani Andreev, CEO of Associated Services, has created this breakthrough management model that provides the framework that every process server must follow to ensure proper service of process every time. The 4Ps™ Model is based on relevant experience actively managing process servers and represents a breakthrough know-how for the process service industry. Associated Services is headquartered in Syracuse, NY.
For information, visit www.Associated.Legal
About the Process Server Center (PSC)
PSC is a legal professional organization whose mission is to set a standard for the process service industry in the United States. The organization’s approach provides specific, actionable solutions to process servers and legal departments, the development of relevant training solutions for process servers and the administration of Pro-Server List, the first nationwide Exclusive Directory for Certified and Pre-Screened Process Server. The Process Server Center Team has 20+ years of experience in working with individual process servers, process service agencies, government agencies and law firms. PSC helps process servers build and maintain successful process service business while ensuring proper service of process and highest quality is provided to legal professionals. PSC is headquartered in Boston, MA.
For information, visit www.TheProcessServerCenter.com
Brani Andreev, Associated Services
Richard Farrell, PSC
Most people turn to the internet when they need a product or a service. Government agencies and law firms are no exception when trying to find the best, most professional and reliable process server. They search the local area for any business listings or tap into online directories like NAPPS, Serve-Now or the Process Server Center. The task to find a process server who you trust to do the work can be daunting, and most times it may lead to a few times of trial and error in order to find the most professional process server.
Whether you are a government agency seeking to deliver support collection documents or a law firm having to serve a number of subpoenas in several states or a pro se client with a family law case, how do you find a reliable process server? What are some of the qualities to look for when you are trying to choose a process server? Is there a way to find the best process server in any zip code without the trial and error?
The process service industry attracts many new people from different backgrounds looking to start and grow their own business, set their own work hours and make money. The ease of entry into process service and the lack of national required training translates to many people embracing process service as a career without the proper training and education. When looking for a process server, it is imperative to select a process server who has the required training and knowledge to help you serve your legal documents. Professionals who demonstrate continuous professional development and seek to keep abreast of current law changes are most likely to handle the service of your legal documents right the first time. The Process Server Center | PSC is the first organization that has accepted the challenge to set a standard for the process service industry by creating training programs for process servers.
When trying to find the best process server to deliver your legal documents, make sure they have enough experience serving. The more years of experience a process servers has, the more likely it is that he/she will perform to the highest standards of the legal profession. It is important to ask questions if a process server has delivered this particular type of legal documents before. Finding out what their success service rate is imperative to the outcome of your service.
When selecting a process server, find out if you can get a couple of references to ensure the quality of their past performance and the level of their knowledge and education. Take the time to call and talk to a few of these references and discover if this particular process server has met their expectations. Proper feedback from other lawyers or paralegals serves as a type of a ranking system and can provide you with the information you need in order to make a qualified decision when locating a process server. Business listings and online directories usually present you with a long list of process servers in a local area but leave you without a reliable way to differentiate who to select. The Process Server Center Exclusive Directory of Pre-Screened and Certified Process Servers eliminates the guesswork when trying to find a reliable and professional process server. It is the first organization that aims to eliminate the hassle of hiring a process server by offering its client members the options of Pre-Screened and Certified process servers.
It is customary in the process service industry to hire mostly based on pricing. Based on feedback from law firms and government agencies, when they reach out to a process server, all they ask for is the price or service fee they charge. When you are pressed on time and have important legal documents to be served, as an attorney or paralegal you do not have the resources to fully research a long list of process servers, to ask questions as described above and then compare the results of these job interviews. Pricing is indeed important, but it should not be the defining factor in selecting one process server over another. Improper service and delays in court cases must be the primary consideration when selecting a process server.
Perhaps the most important quality when looking for a process server in a local area is the question of trust. Can you trust that this particular process server can successfully serve your legal documents as per your instructions and the requirements of the originating court? How do you find out if you should trust? Perhaps it all comes down to a combination of the factors we described here: training, experience and feedback. If you can answer “yes” to all three of these factors, then most likely you have found the best process server to deliver your legal documents.
Next time you need to find a process server, eliminate the hassle of finding the best professional process server by joining the Exclusive Directory of Pre-Screened and Certified Process Servers at the Process Server Center.