May 16, 2016

Why You Should Care How Your Process Server is Paid – May 16, 2016

Have you ever stopped to wonder how your Process Server is paid?

Why would this even be important?

It may be important for one main reason – the motivation of the person doing the work.

If the Process Server is paid by the successful serve, then there may be motivation to say something was served even if it was not (commonly referred to as a sewer serve in the industry).

If the Process Server is paid by the attempt, then there may be motivation to increase the attempts even if the serve could have been done in fewer tries.

If you pay your Process Server a one time fee for unlimited attempts, then there may be motivation to say something is served even if it was not properly served.

I am not saying that all Process Servers that charge in this format are unethical.  In fact, I can attest to the fact that the vast majority of the people/companies in this profession are highly ethical and take their oath very seriously.  It is their name that they are signing on a legal document, the Affidavit of Service.  Most people/companies take the signing of an Affidavit of Service very seriously.  It is literally their name on the line.

But, as with any profession, it does happen.  We try to minimize this particular conflict here at Infiniti Legal Support Services by paying all our Process Servers by the hour.  We also try to schedule our Process Servers in a staggered format, so that there is no incentive to “pad” their hours.  If they don’t get the serve done, it is usually taken by someone else the next time.

In the United States, how Process Servers are paid has become a huge issue.  In New York State, a recent ruling basically states that “you and your firm can be held responsible if a process server handling your service files a false affidavit of service.”  

NY Ruling Every Attorney Should Be Paying Attention To

Although this is an American ruling, the lesson learned should not be ignored.

It seems like a trivial matter, but everyone should pay attention to how a Process Server is paid.