Irate Defendants

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This is a continuation of last week’s discussion titled, “Process Server’s Car Stolen.”   As you remember, we talked about the subject dealing with a server’s vehicle.  The confrontations with the defendants shown in the video of last week’s previous blog  and another video titled, “All worked Up:  Bryan Mcelderry – Feces Fiasco,” deserve a little analogy.  My comments may or may not apply directly to the actions employed in the two videos.

As mentioned last week, our goal is to serve the papers and leave with as little confrontation as possible.  The moment a person receives a legal notice their whole life can change dramatically for the worse.  The process server can become an easy target of their heightened emotion.  No two serves are the same.  Each case needs to be approached according to the type of papers being served, the character of the respondent and the neighborhood.  The documents to be served should be reviewed in advance.  Is this an abstaining order, an eviction notice or a family law dispute?  The papers might give a clue of what the temperament of the respondent is like.  The plaintiff can be very helpful in profiling the person to be served.  When there is an indication of the server’s safety is concerned, a criminal background check is in order.  In extreme cases, Read more

Process Server’s Car Stolen

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Bryon Mcelderry is a process server in New York.  He has documented many of his experiences as a server on video.  Obviously,  the ones he published on YouTube are, no doubt, some of the more dramatic endeavors.  After all, who wants to spend their day watching everyday, run-of-the-mill serves?  The vast majority of serving of processes are what most of us would consider to be boring and uneventful.  An uneventful experience is what we should strive for in commercial aviation as well as in serving legal documents.  I would like to make some observations in regard to one of Mr. Mcelderry’s brief videos titled, “Showdown in the slums/Feud on the Farm.

The first episode shows Bryon’s SUV being stolen. Read more

“Serving Sara” Movie Clip

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When I suspect that a respondent may be evasive, I obtain a current photo and/or at least a physical description of the person to be served.  One of the best sources for this information is from the plaintiff.  However, there are many alternate sources for a person’s ID.  After viewing this brief movie clip, you can see what the results can be without this info.

 

In this video, the process server entered the defendant’s apartment.  In all circumstances, Read more

Trespass Laws vs. Serving of Process

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In general, all trespass laws apply to serving of process.  Some states a “Registered Process Server” are granted a limited exemption or affirmative defense against trespassing.  According to Kansas Statute 21-371 it is illegal to enter or remain on any land without the owner, tenant or other authorized person’s consent.  There are three basic methods for an owner or authorized person to communicate to the intruder that they are trespassing.  Posting “No Trespassing” signs along the the property line is obviously one way.  Posted signs labeled “Private Property” indicates nothing about keeping anyone off the property.  “No Hunting”, “No Fishing” and “No Swimming” signs bar only those specific activities on the premises.  A “No Trespassing” sign bars everyone.  Another method a landowner can secure his property from trespassers is to fence, enclose or otherwise secure against passage or entry.  Properly posted “No Trespassing” signs along the property line and/or a “secured” property is reason enough not to enter the property.  These two methods are listed in subsection (a) (1) (B):  “…posted in a manner reasonably likely to come to the attention of intruders, or locked or fenced or otherwise enclosed, or shut or secured against passage or entry;…”. Criminal Trespass charges usually involve law enforcement.  Read more

Strange Car in the Neighborhood

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Nobody likes to see a vehicle, new to the neighborhood, parked in front of their home for any length of time.  When this happens to us, we should be concerned, especially as a homeowner with children.  The local law enforcement should be notified.  Being a part of a Neighborhood Watch program can be very beneficial in deterring crime.  These types of programs are not only to report suspicious activities and crime, but they are also designed to confront and resolve other problems within the neighborhood.  These problems could include drug abuse, loitering or abandoned cars, etc.  If you do not already have such a program in your neck of the woods, I highly recommend you start one.

A  fixed surveillance or stakeout is common practice for a private investigator to collect vital information on a assigned subject.  A stakeout is usually conducted from a building or a vehicle.  Using a vehicle for visual surveillance of a particular subject, vehicle, or place can be a problem if a homeowner calls the police. Read more