Irate Defendants

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, local law enforcement may be willing to back you up.

The defendant will be more cooperative and less suspicious when they are not put on the defensive.  Their first impression of a stranger coming to their door is critical to the serve.  I do not recommend wearing sunglasses.  Do not hide the papers and keep both hands exposed.  In some cases, wearing a pacifying color of pink or blue may be beneficial.  The less conversation that takes place, the better.  Simply identify the defendant and inform him or her that you have a legal document for them.  I start the conversation by apologizing for bothering them.  This is very effective in defusing any hostility.  Time and time again I have actually received a “thank you” as I walk away!  The inflection of the words you choose are also very significant.  An arrogant, in your face, attitude is totally uncalled for.  Be careful in how you say it as well as what you say.  “A gentile answer turns away wrath, but a harsh word stirs up anger.”    Proverbs 15:1 NI.  “…soft speech breaks down the most bonelike resistance.”  Proverbs 25:15b AMP.    Upon handing the papers over, you may want to indicate the type of document it is. If they start asking you about the details of the papers, plead ignorance.  Don’t get involved.  It would be very attempting to say, “You need to call a lawyer.” or “You are to show up in court.”  In my opinion, any additional comments or suggestions like these will be inflammatory and could also be construed as giving legal advice.  The recipient will probably be engrossed in reading the details of what was just handed to them.  If they refuse to take the papers, drop them at their feet.  Immediately leave, watching your back side.