A Process Server's Guide to Thorough and Legal Service
What is "Due Diligence"?
Due diligence, in the context of process serving, refers to the reasonable and persistent efforts a process server must make to locate and serve legal documents to a recipient.
Why Is Due Diligence Important?
As a process server, it is your responsibility to demonstrate due diligence. This is essential in service of process, as the law requires proof that every reasonable effort was made to locate and deliver documents to the subject.
What Does Due Diligence Involve?
Since many people are not home in the afternoon, making varied and strategic attempts on different days and different times strengthens your due diligence completion.
⏰ Time Stamp Diligence
Attempts must be made on different days of the week to count towards Due Diligence.
- Make at least one morning attempt before 11 AM.
- Make at least one evening attempt after 6 PM.
- Make at least one attempt on a Saturday or Sunday. (If your state doesn't allow Sunday service, attempt on Saturday.)
- A least one (1) other attempt on a day/time of your choosing.
💡 Note: An attempt made at or after 11:00 AM will not fulfill the morning attempt requirement; it must be completed by 10:59 AM. The same applies to the evening requirement, which must be completed after 6:00 PM.
💭 Informational Diligence
Informational diligence involves collecting and verifying details about the given address to assess the feasibility of successful service. This includes:
- Follow special handling and court instructions – Adhere to any specific guidelines outlined for the case. This information can be found on the cover sheet (top page of document packet) and in the customer/court requirements section listed in the app for the job.
- Use listed phone numbers – If permitted by local regulations, call any provided contact numbers for the defendant found towards the bottom of the cover sheet (but do not seek out additional numbers). Your coversheet and/or requirements in app will state if calling is not allowed on the job.
- Verify with other sources – Ask if the subject lives at address and gather at least two (2) independent confirmations if the address is deemed unserviceable. A second confirmation is required for ABC to review an address as unserviceable. Second confirmations can be obtained from different sources (e.g., current resident, neighbor, leasing office) to resolve the address.
- Follow up on resident-provided information – If a resident suggests a good time to reach the subject, attempt service at that time.
- Log vehicle details – Record license plates of vehicles parked at the residence to help confirm occupancy.
- Observe package deliveries – Take note of packages or deliveries at the door as potential residency indicators (but do NOT touch the mail or mailbox)
By taking these steps, you ensure a thorough and legally sound approach to verifying the address. Sometimes you will encounter addresses where the resident/s are intentionally avoiding or don't answer on any of your attempts made.
Focus on detailed notes stating how the resident(s) may be avoiding. Clear documentation can help prove due diligence and may convince the court that the individual is unreachable at that address.
Be aware of any service restrictions or things you should avoid when making attempts.
Attempt Frequency Requirements
In addition to meeting due diligence requirements, ABC mandates that service attempts be made every 48 hours for each assigned case. By accepting assignments in a specific area, you are agreeing to:
- Make service attempts at least every 48 hours.
- Follow the minimum due diligence requirements, including varying attempt times and days.
By accepting RUSH jobs, you are agreeing to attempt every 24 hours. Failure to do so may result in disqualification from the RUSH bonus
Compare The Following:
Example of No Informational Diligence Obtained
Attempt 06/12/2019 at 12:07 PM
"No answer at door, no lights."
Attempt 06/14/2019 at 7:08 PM
"No answer at door, no lights."
Attempt 06/16/2019 at 8:44 AM
"No answer at door, no lights."
Attempt 06/17/2019 at 9:45 AM
"No answer at door, no lights."
Attempt 06/19/2019 at 5:41 PM
"No answer at door, no lights."
Attempt 06/21/2019 at 8:01 AM
"No answer at door, no lights."
Attempt 06/24/2019 at 4:22 PM
"No answer at door, no lights."
Attempt 06/27/2019 at 11:35 AM
"No answer at door, no lights."
Due to insufficient informational diligence, the Process Server had to make more than four attempts before ABC Legal could review the job for non-service.
Example of Informational Diligence Obtained
Attempt 06/12/2019 at 12:07 PM
"No answer at door, no movement inside, and no lights. There is a no trespassing sign on the front gate, and the gate is barring access to the property. I do not believe I will be able to pass the barrier without violating this person's privacy. No cars in driveway."
Phone Log 06/12/2019 at 12:09 PM
"Per phone call to 555-846-2336, Defendant Jeff Mann picked up. He confirmed that he does reside at this address, but refuses to accept the legal papers. He says that he will never open the door no matter what."
Attempt 06/13/2019 at 7:30 PM
"No answer at door, no movement inside, and no lights. There is a no trespassing sign on the gate around the house. No cars in driveway. Per neighbors at 373 Market Drive, Robert Doe, a brown haired black male, 5'8"-5'10" tall and weighing 160-180 lbs; not sure the name of the person that lives at that address, they are not home often."
The second example is much stronger, providing detailed observations, a phone confirmation of the defendant’s refusal, and neighbor input. This detailed documentation minimized the number of attempts required for the job to be reviewed for non-service.