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The Work Order
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FAQs
- Personal Service
- Substitute Service
- Bad Address
- Multi Attempt
- POE Service
- Office Service
- Postings
An explanation of each service type is listed within the next several sections.
A Personal Service is when the Process Server serves the Servee directly.
- Complete as a Personal Service in your APP.
A Substitute Service is when the process server leaves the documents with a co-resident of the household.
- The co-resident must be at least 14 years of age in the states of Oregon and Washington.
- Ask for the first and last name of the co-resident.
- If the co-resident refuses their name, you will enter in “Jane Doe” for a female, and “John Doe” for a male in the APP, and note in the Service Comments that the co-resident refused this information.
- Ask for the co-resident’s relationship to the Servee.
- If the co-resident refuses their relationship to the defendant, enter in “Co-resident” in the APP, and note in the Service Comments that the co-resident refused this information.
- Complete the job as a Substitute Service in your APP.
NOTE:
- Sometimes a client will require Personal Service only. Be sure to read the instructions on the Work Order before attempting to serve documents.
A Bad Address is when the Process Server has been advised by a resident of the service address that the defendant does not reside.
- If a resident of a service address answers the door, and states that the Servee does not reside, be sure to get as much information as you can:
- Ask if the Servee is known, and note any information that the resident is willing to provide.
- Record any observations (e.g., heard noises inside service address, dogs barking, mail packages present with Servee’s name, etc.)
- Record the license-plate information for any vehicles that may be on the property.
- Check the work order for the Servee’s phone number. If there is one listed, be sure to call it, and enter this information in your comments.
- Complete the job as a Bad Address in your APP.
A Multiple Attempt is when the Server has made all four required attempts and no one has answered the door at the service address on any of the attempts.
- Attempt to reach out to a neighbor for any information about the tenants who live at the service address, and record any information provided.
- Record any observations (e.g., heard noises inside service address, dogs barking, mail packages present with Servee’s name, etc.)
- Record the license-plate information for any vehicles that may be on the property.
- Check the work order for the Servee’s phone number. If there is one listed, be sure to call it, and enter this information in your comments.
- On the 4th attempt, instead of entering your attempt in as an Attempt, you will complete it as a Multi Attempt in your APP.
A POE service is when you have been assigned a job for an individual and you are being instructed to attempt them at their POE.
- POE services are PERSONAL SERVICE ONLY. You may NEVER leave the documents with someone at the Servee’s POE other than the SERVEE.
- If the Servee is no longer employed or the employer refuses to allow service at the POE:
- Record the name and title of the person that confirmed this.
- Complete as a Bad Address in your APP
- If the Servee is employed, but was never available for any of the required four service attempts:
- Record the name and title of any person that you had conversations with on each visit, and what information they provided.
- On the fourth attempt, you will complete as a Multi Attempt in your APP.
Office: When the Servee is a COMPANY, you will be provided instructions on the Work Order on whom to serve. This will either be the Registered Agent or someone at the Company that is authorized to accept service of the documents (i.e., an Apparent Authority).
- If successful, you will complete this type of service as an Office Service on your APP.
- If the company no longer exists, and/or another company has taken over the service-address space, then:
- Enter in the full name and title of the person that confirmed this.
- Enter in the details of what was said in the Service Comments.
- Complete as a Bad Address in your APP.
- If you have made all four required attempts and no one has been at the business, you will want to:
- Attempt to reach out to a neighboring business, if there is one, for any information about the business and record any information provided.
- On the 4th attempt, instead of entering your attempt in as an Attempt, you will complete it as a Multi Attempt in your APP.
A Posting job will be clearly marked as such in the server’s Work Order under “Special Instructions”.
Do NOT post any documents anywhere on the service address property unless it specifically states so on the Work Order.
- Postings require that the server:
- Place the service documents in a sealed envelope,
- Write the name of the defendant on the front of the envelope, and
- In larger script, write the word “CONFIDENTIAL” underneath the name of the defendant.
- The server will then tape the envelope to the front door of the service address.
- Complete as a Posting in your APP.
A Drop Serve is when a Servee refuses to accept documents after they have confirmed to the Process Server that they are the Servee.
If this occurs:
- Gently place the documents on the ground in sight of the Servee, and let them know you are leaving the documents. Do NOT every throw the documents or become aggressive in any way.
- Leave the property.
- Complete as a Personal Service in your APP.
A service address may be vacant for a number of reasons.
- Be sure that your Service Comments provide detailed information as to how you determined that the residence is vacant (e.g., You looked through a window(s) and saw that it was empty; there was a For Sale sign in the front yard, and a lockbox on the door, etc).
- Check the work order for the Servee’s phone number. If there is one listed, be sure to call it, and enter this information in your comments.
- Complete this as a Bad Address in your APP.
If you cannot locate the service address via GPS or online:
- Do NOT complete.
- Contact the Field Operations team. They will:
- Determine whether the address was entered correctly. If not, they will provide you with the updated address.
- If the address was entered correctly, they will provide permission for a completion.
Apartment Complexes: More and more apartment complexes require that both residents and visitors provide a key code to gain entry into the complex.
- If the server does not have a key code, then the server must wait for a few minutes in hopes that someone with a key code will let them into the apartment complex.
- If no one appears, or refuses to assist, the server may log this in as an attempt. The server must continue to make up to four attempts, or completion; whichever comes first.
- Be sure to check for a directory, which will generally list the apartment number and/or the tenant’s name.
- Try to use the directory to reach Servee.
- The server must continue to make up to four attempts, or completion; whichever comes first.
Locked Gates: The server should LIGHTLY tap on their vehicle horn a couple of times, and wait for a few minutes in hopes that someone will meet them at the gate.
If no one appears, the server may log this in as an attempt. The server must continue to make up to four attempts, or completion; whichever comes first.
If you arrive at a service address, and it is an apartment complex, or mobile-home park, but you do not have an apartment or unit number:
- Do NOT complete the job.
- Contact Field Operations via text, email or phone, and let the team know that you need an apartment / unit number. They will:
- Determine whether the address was entered correctly. If not, they will provide you with the updated address.
- If the address was entered correctly, they will provide permission for a completion.
“No Trespassing” signs are most often seen posted on trees leading into rural properties. The server should not enter. The server will want to take an image(s) of the “No Trespassing” sign, with the road leading into the property incorporated into at least one of the images. The server will close this out as a Bad Address, and provide detailed notes.
A Work Order is provided for EVERY job, and must be kept with the service documents at all times.
The Work Order contains:
- The most current service address,
- The case information, defendant name(s), and
- Any pertinent instructions.
The Work Order should only be detached from the service documents just prior to the serve. Be sure that BEFORE YOU EXIT YOUR VEHICLE TO ATTEMPT SERVICE, that the name on the Work Order matches the the name on the service documents. Serving the wrong papers to the wrong party can be grounds for immediate dismissal.
It is important that you keep a copy of your Work Order for at least six months.
Titanium Legal requires that you make up to four attempts, or completion, whichever comes first. Attempt times are included on every Work Order, in your Server Contract, and are listed below:
- Morning (8am – 11:59am)
- Afternoon (12pm – 4:59pm)
- Evening (5pm – 9pm), and
- Weekend (anytime from 8am – 9pm)
The first attempt must be made within 72 hours of job assignment.
Note 2: The order of attempts is left to the server’s discretion.
Occasionally, the Service Comments will include a phone number for the defendant. The server is being asked to use this phone number to reach out to the defendant in the event that they have had one or more unsuccessful attempts. Simply contact the defendant, let them know you have been trying to deliver some court documents to them, and ask them when would be a good time to deliver them.
Feel free to leave your work-cell number; however, if you are more comfortable, you may leave the number for the Field Operations team: (541) 279-2521.
A Missed Delivery Notice can be taped to a defendant’s door after an unsuccessful attempt. You can enter in your cell phone number, or the Field Operations number of (541) 279-2521, and when a defendant calls back either the server, or the Field Operation’s team, can attempt to glean more information from the defendant in order to achieve the completion. Calling cards can be accessed here: HERE
First and foremost, all images require that GPS be enabled on your camera.
The current server app only allows for one image per attempt / completion; therefore, if the server would like to take additional photos, they can email those extra photos to: fieldoperations@titaniumlegal.com
The types of image(s) should be anything that confirms that the server was out at the address, as well as any images(s) that provide additional information, such as:
- The house itself (could include the front-door area with the house number, and/or a wide view of the house (from the sidewalk), which includes both the home and the driveway area.
- Cars in driveway (with license plate number)
- Any postal packages addressed to defendant or to another resident, etc.
Please avoid taking the same image for every attempt.
The service documents provided to you are a legal document. It is important that you carefully check your spelling, punctuation and grammar before submitting your attempt and completion notes. Your comments are a permanent part of the court record, and as such reflect on your professionalism as a server forTitanium Legal.
If you have received a new address for the Servee, you must contact Field Operations for permission to serve at this new address. Field Operations in turn will reach out to the client and seek approval to attempt the new address.
If a Servee contacts you and states they will be out of town for an extended period of time, ask them what date they will return. If they refuse to provide a date, then thank them for calling and conclude the conversation. Enter it in as an attempt, and…
Contact Field Operations to alert them so that they can advise the client. The team will then provide instructions for next steps.
If a Servee contacts you, stating they no longer live at the service address, but refuses to provide you with their current address, the server should continue to make attempts at the service address, UNLESS a resident from that service address confirms that the Servee no longer resides.
If the defendant no longer resides at the service address, the server should complete it as a Bad Address, and include notes that they also received a call from the defendant and that the defendant refused to provide their current address.
While the vast majority of defendants & co-occupants at a service address will be polite, occasionally a server may experience an aggressive defendant or co-occupant.
- Co-Occupant: Remember, in some states, such as Oregon, a co-occupant is not compelled to accept service on behalf of the defendant. If they refuse to accept the papers, and further conversation is not advised, thank them and leave the property.
- Servee: If you have confirmed that the aggressive person is the Servee, and further conversation is not advised, gently place the papers on the ground in front of them, or on some object within their view, thank them and leave the property.
- Any Personal Threats: If a resident threatens you, we advise that you immediately leave, drive away from the property, and as soon as you feel safe, pull over and contact Field Operations. Depending on the situation, we may ask that you file a police report.
If, upon arrival to a service address, there are loose, and aggressive dogs:
- Remain in your vehicle.
- Lightly honk your vehicle’s horn a few times.
- Wait for someone to appear that you can leave the documents with.
- If no one appears, log it in as an attempt. The server must continue to make up to four attempts, or completion; whichever comes first.
Note: If someone does appear, and confirms that they are the Servee, but refuses to come to the vehicle to accept the documents, the server may carefully drop the papers from within their vehicle, and politely let the defendant know they have been served.