Find the Person First!
So here you are, being Mr. Nice Guy or Gal again. You have done something or given someone something with the agreement they will pay you at a later date. This date comes around and they are nowhere to be found or they are refusing to pay the money they owe you. What are the best steps to take to get your money?
Being a Private Process Server, I could tell you "Visit your local small claims court and file on them then call me and I will attempt to serve them." That would be the best result for me, because the Private Process Server will get paid regardless if your papers are successful or not. But being a Private Process Server dedicated to making sure your case gets to court I suggest you try some steps first.
Contact them "Officially" first
Send them a certified letter telling them that you are demanding the money they owe to you or you intend on filing a suit in court to get it.
You may include in this letter that if it goes to court along with the money they owe you, you will be suing for all legal fees including court costs. Tell them they can easily avoid the extra charges by working with you to get amount owed to you paid.
Know EXACTLY where this person lives and/or works!
This is the most important step to follow before you file your case! So many times I have received papers to be served to Mr. John Doe and the address was about four years old.
In most cases, I arrive and the current residents have never heard of him and the papers go non served but you still had to pay for the service.
This happens a lot with land owners who evicted someone from their house later to find the house was destroyed by the tenant. If the land owner goes and files a lawsuit and does not have the current address, the chances are high the papers may not be delivered.
"Skip Tracing" is not usually included in the process servers fee. If you will contact the Process Server before you file the suit and discuss with him options on finding this person, you will have greater success as some process servers offer a scaled down version of "Skip Tracing"
In the state of Oklahoma, lawsuits are public information. As soon as you file that document with the courts, anyone can see it. This can kill or suppress the element of surprise, making your serve difficult to complete. If you know where the defendant lives and works up front, your papers will still hold that element of surprise and be successful much quicker! If you don't know the current place of residence or work and someone sees this information, they may tip-off the person you are trying to sue and they could evade service!
Jeffrey Worth invites you to visit and look over http://www.serverjeff.com for more information on Private Process Serving.
Disclaimer: I am not a legal adviser and everything I have stated is my personal opinion! If you are looking for legal advise, please contact an attorney.
Being a Private Process Server, I could tell you "Visit your local small claims court and file on them then call me and I will attempt to serve them." That would be the best result for me, because the Private Process Server will get paid regardless if your papers are successful or not. But being a Private Process Server dedicated to making sure your case gets to court I suggest you try some steps first.
Contact them "Officially" first
Send them a certified letter telling them that you are demanding the money they owe to you or you intend on filing a suit in court to get it.
You may include in this letter that if it goes to court along with the money they owe you, you will be suing for all legal fees including court costs. Tell them they can easily avoid the extra charges by working with you to get amount owed to you paid.
Know EXACTLY where this person lives and/or works!
This is the most important step to follow before you file your case! So many times I have received papers to be served to Mr. John Doe and the address was about four years old.
In most cases, I arrive and the current residents have never heard of him and the papers go non served but you still had to pay for the service.
This happens a lot with land owners who evicted someone from their house later to find the house was destroyed by the tenant. If the land owner goes and files a lawsuit and does not have the current address, the chances are high the papers may not be delivered.
"Skip Tracing" is not usually included in the process servers fee. If you will contact the Process Server before you file the suit and discuss with him options on finding this person, you will have greater success as some process servers offer a scaled down version of "Skip Tracing"
In the state of Oklahoma, lawsuits are public information. As soon as you file that document with the courts, anyone can see it. This can kill or suppress the element of surprise, making your serve difficult to complete. If you know where the defendant lives and works up front, your papers will still hold that element of surprise and be successful much quicker! If you don't know the current place of residence or work and someone sees this information, they may tip-off the person you are trying to sue and they could evade service!
Jeffrey Worth invites you to visit and look over http://www.serverjeff.com for more information on Private Process Serving.
Disclaimer: I am not a legal adviser and everything I have stated is my personal opinion! If you are looking for legal advise, please contact an attorney.
0 Response to "Find the Person First!"
Post a Comment