PS 101 – Chapter 3 – Article 3 – Behavior While Serving – Training 4 Private Investigators and Process Servers

The vast majority of service assignments are accomplished with little or no problem. But, as in most activities which involve people, there are always a few situations which become troublesome or even dangerous. This lesson contains hints, suggestions, and techniques which can help you complete a difficult assignment or help you avoid dangers which can trap the unwary.

Remember, the professional process server’s objective is to identify the servee and accomplish service as quickly and safely as possible.

Field Rule – Don’t Provoke People

First and foremost is your behavior and attitude. A process server who behaves in an unfriendly, unprofessional manner, or carries the proverbial “chip on the shoulder” will sooner, rather than later, find himself at odds with someone with an equally unsatisfactory attitude. If you’re thinking “Well, that’s his problem” then you may not have quite the right personality to be a professional process server. This is true based on the following reasoning:

You are in business or work for someone who is in business.
In any business expenses must be kept lower than income.
You’re not earning any income if you are filling out police reports.

Or we can put it another way. Since this is a “service” business there is no inventory, very little equipment, no great tracts of land, or anything else of substance involved. This means time is a very valuable commodity and the use of it has a great impact on the bottom line. If a server is spending too much time involved in disputes with the people being served then the bottom line is going to suffer. If a server is arguing with the servee or is talking to the police or is filling out police reports or isn’t getting valuable field information from people because he has upset them then he isn’t doing his job.

There is truth in the old saying that you catch more flies with honey than with vinegar. When at the door, or otherwise making a field contact, it is always preferable to be polite and considerate. Never use foul language, even in response to the language or threats of another. Respond coolly and stay in control of the situation. Not only will you be more effective as a server but, should the police be called, you will appear as a professional and not as someone looking for a fight. This is not to say you can’t defend yourself, you certainly can and should do so when the need arises.

Field Rule – Live to Serve Another Day

On those rare occasions when a service contact goes sour a server has three courses of action. They are listed here in order of preference.

Talk
Run
Fight

When a servee, or other person, becomes agitated because you have just served them or you’re attempting to serve them, your voice can be used to your advantage. Maintaining an even tone and avoiding provocative language will often lower the level of tension to an acceptable level. Each situation is different and it is not possible to use the same response to everyone, but the vast majority of difficult situations can be handled through the correct choice of words.

When talking doesn’t work the next best response is to run away. Do this even if it means leaving your vehicle behind. Your safety and life are far more important than your car or, for that matter, your ego. If you leave the vicinity you can always return later with a police escort.

Finally, should neither talking or running be an option, you must be ready to defend yourself. RCW 9A.16.010 and 020 provide the following tools to use in those most difficult of situations where violence simply cannot be avoided.

RCW 9A.16.010
Definitions.
In this chapter, unless a different meaning is plainly required:

(1)	“Necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
(2)	“Deadly force” means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.

RCW 9A.16.020
Use of force — When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:

(1)	Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer’s direction;
(2)	Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3)	Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4)	Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person’s presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5)	Whenever used by a carrier of passengers or the carrier’s authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender’s personal safety;
(6)	Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.

Field Rule – Take Advantage of Cover

This does not necessarily mean hiding in some bushes though that is not beyond the realm of possibility. More often it means analyzing a set of circumstances and then using some imagination to overcome a difficult service situation. The circumstances (the cover) can involve anything from the lay out of the servee’s property, to information provided by your client or a neighbor, to the time of year and the accompanying holidays.

For instance, when attempting to serve a person who simply will not open the door, have a look at the calendar. If it is near Easter, Mother’s Day, or Christmas, then a delivery routine might be in order. The sight of flowers or other gift being carried to the door will often cause a person to drop their guard, open the door, and identify themselves.

Here’s another example. When attempting to serve a real estate agent who is always “out of the office” it is relatively easy to locate information about a property he has for sale and then make an appointment to view the property. Identification is then straight forward with service occurring almost immediately thereafter. Needless to say, the servee may be upset at having been tricked in this fashion so it is best to leave the area as quickly as possible. This type of set up can be performed in a number of different ways and lends itself to serving people in a variety of professions. That said, don’t expect it to work on the same servee more than once.

Bottom Line

In most situations you will derive the most benefit by keeping things as simple as possible. The easy serve is always the most profitable so don’t allow things to escalate unless you have no other choice. Get in, identify the target, make the service, and get out again. In all events keep yourself safe.

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