Multiple Methods of Service of Process
I know some attorneys just develop a habit and stick with it. Its always worked, well sort of works. There are some attorneys that leave the details of service of process to their support staff. As a Senior Paralegal, I speak from experience. I get it, the procedural aspects of filing a case and ensuring service of process, are usually delegated to support staff. Of course, you the lawyer are ultimately responsible. And you take that responsibility seriously. You could be receiving top notch service of process, maybe not so much
Local Sheriff Service of Process
We all owe a lot to our local Sheriff Departments. Men and women serving everyday with their lives on the line. Among other duties local deputies serve process. In Hamilton County we have a full division of Civil Process servers. But, is this the best route to go when you need process served? I am not going to bash our local Sheriff Department, but time critical is not their strength. Unless its an Order of Protection, wait your turn. No real time reporting. You will know when its served or not served when you call the Court and follow-up on return of service. When its time critical and when you want to keep up with progress Sheriff service is not the best avenue.
Private Process Server
In Tennessee, as you are undoubtedly aware, anyone over 18 can serve civil process. But, you also know that most usually its more complicated than a typical person understands. Very few people are happy getting sued. Less are happy with being served a Summons, or Civil Warrant. Even Subpoenas make people edgy. This is where experience matters. Each case requires techniques that only experience teaches. So, when choosing a private process sever look at the experience level. Also, the advantage of private process servers should be that you get better communication about progress. Real time reporting is an important aspect. Your client certainly wants to know when their adversary has been served.
Long Arm Service
Most states have a “long arm” statute. Most states prescribe the primary method as service through the Secretary of State office. This means Certified Mail sent via USPS. It used to be quite effective. But, for the last several years the failure rate of certified mail far outweighs the success rate. The worst is when the Summons is delivered but the green card never sows up. I have actually had cases where the return green card was left with the Defendant. Most states also allow for long arm service through any means legal in the target state. So, if you have a Defendant in Tennessee that needs to be served “long arm” choose a Tennessee Process Server. It will ensure the summons is served and a return of service is sent to you.
Straight Certified Mail Service
Some instances allow for service of process through certified mail (outside of SOS). This is tempting i some cases. But experience is a great teacher. You want to save your client a little money, and yourself a little headache. Well that did not work out so well. I can not count the number of times that I regretted this. Some certified mail service is still floating around somewhere from over a year ago. Save yourself and your client a lot of headache, use a private process server, not certified mail.