Understanding Obstacles and Best Practices for Common Barriers During Service of Process
Should I Still Serve a Defendant If They Are Advised to Be Legally Incapacitated?
It depends on the state laws and circumstances. The guardian, conservator, or power of attorney can sometimes be served. If you are ever unsure, please check state laws and/or contact support for further assistance.
💡 Regardless on your state's laws, be sure to log an attempt noting the information obtained at the address. Support will not be able to review unless the information is documented in ABC Mobile.
The Subject Is Bedridden, Should I Still Serve Them?
Yes. Unless the location of service is one of the following:
- Nursing Homes
- Assisted Living Facilities
- Hospice Care Facilities
If you are informed the subject is bedridden or ill at home and NOT located at the locations mentioned previously, then attempts to serve should resume.
Service may still be conducted if the subject resides in a 55+ community/senior living community.
What If the Defendant Is Reported as Deceased?
If the defendant is deceased, do not serve the documents to anyone. If you find that one is available, ask politely if you could see a death certificate and take a picture of it to submit with the attempt notes or ask for the date of death.
Note: You are not required to get a copy of the death certificate.
What Do I Do If I Am Refused Access to a Property?
If you are refused access to the property due to a security guard, property employee, or a property manager/leasing office, you are only required to complete two attempts, and the refusal to allow access must be logged.
There Is a "No Trespassing" Sign. Am I Allowed to Serve Them?
Depending on your state specific laws, you may still be able to serve the individual if there is a "No Trespassing" sign posted on the property. In the event that there is a "No Trespassing" sign on someone's private property make note of it in your attempt, and make sure to include a picture of the sign in your submission. See more: Trespassing and Barriers
⚠️ "No Trespassing" signs will not result in an automatic non-service, ABC will still require due diligence, including attempting to speak with any neighbors.
What If a Person at the Address Becomes Hostile?
Your safety is important to ABC! For best practices on de-escalating a situation, what to do if police are called, and how to report the incident, please refer to the Hostile Environment resource.
I'm Not Able to Attempt an Address Due to Weather Conditions. What Should I Do?
You can log an inclement weather attempt in ABC Mobile. These attempts do not count towards your diligence.
What If the Subject Isn’t Available During Hours Allowed to Serve and the Job Doesn’t Allow Sub-Service or the Co-resident Is Refusing to Accept Documents?
If the subject is not available during allowed hours to serve, diligence should still be completed in the event you are able to catch the subject at home.
If a co-resident is refusing to accept the documents, please consult your states & our customer's restrictions on Drop Service. These requirements will often be stated on the job itself in ABC Mobile.
What Do I Do If I Don't Have Good Cell Coverage in Certain Areas I Frequent?
- Set Your Device to Airplane Mode - Be sure to do this before you enter an area with poor cell coverage.
- Log Any Serves/Attempts in ABC Mobile - Be sure to select "Confirm" at the end to save all your information!
- Turn Your Device Off of Airplane Mode - Once you're in an area with good cell coverage, turn your device off of airplane mode and everything will submit as normal.