Tracking down an intended recipient of legal documents can prove time-consuming, and, in the wrong hands, ineffective. Checking a property is one of the most crucial process server duties, but often gets overlooked.
Investigating a residence to ensure a named party in a complaint or summons resides there requires thorough legal understanding and compliance, discretion, and adherence to a property checklist.
The right process server can follow the meticulous details of a property checklist and conduct an exhaustive investigation while still remaining within legal compliance. Let’s take a look at what a property investigation entails, why property checks are vital to legal proceedings, and how a process server can help.
What is a property investigation?
A property investigation or “inspection” is a vital tool for a process server. The investigation entails an inspection of a property to ensure intended recipients of legal documents reside there. This helps a process server to avoid liability risks and to ensure efficient delivery before serving papers.
By observing a property before delivery, a process server can plan for the easiest method of service and any needed confidentiality.
Why property investigations are crucial for legal proceedings
A process server’s property investigation is crucial to ensure legal proceedings can begin seamlessly. Confirming an address before a process server attempts to serve someone can also ensure effective delivery. The accurate delivery of legal documents is imperative to any case, and requires strategic planning.
Property investigations are vital for legal proceedings due to the following benefits:
- Accurate Service: Valid service requires verification that documents are served to the intended party. By investigating a property, a process server can verify that an intended recipient resides there in order to serve the right individual.
- Efficient Delivery: Confirming a residence and researching the best time of day and method to serve an individual can help a process server to deliver documents within the mandated timeframe and quickly locate any intended recipient.
- Provides Legal Integrity: Serving someone with timely, proper notice and in an ethical manner allows a process server to uphold the integrity of the legal system. A property inspection also helps a process server to remain within compliance of the law and work with integrity.
- Supports Due Process: Every party named in a case has the right to due process. Process servers who conduct property investigations can support this due process by ensuring intended recipients are served in a timely manner and have ample time to respond to a complaint, summons, or other legal documents.
- Verifies Occupancy or Vacancy: A property investigation can help to determine whether a specific address is occupied or vacant by checking for cars in the driveway, lights on in the home, boarded windows, and more.
A process server’s property investigation checklist
When a process server conducts a property investigation, it’s important that they thoroughly examine numerous aspects of the property. However, the property check methodology may vary, depending on state or local laws and regulations.
By creating a checklist, an excellent process server ensures their work remains in compliance with all regulations and easily verifies occupancy before delivery. Here are the steps to follow on a property investigation checklist:
- Take photos of the property (from the street or public sidewalk)
- Collect evidence of the property’s condition (including photo and video documentation)
- Check any outdoor water or electricity meters
- Thorough documentation of property details (for example, garage, carport, and driveway types, any porches or decks, house color, house materials such as brick panels or numerous windows, and house type like ranch or split-level)
- Take photos of eviction, vacancy, or utility shut-off notices
- Verify street address via mailbox number or house and driveway markings
- Note any cars in driveway (year, make, model, identifiers such as bumper stickers, license plate numbers)
- Knock on door to check for occupants
- If a resident answers the door, verify names of residents
- Note any sheds, guest homes, or other buildings on the property
- Ensure that the property isn’t vacant
It’s important that a process server conducts due diligence to confirm they have the right address for the party being served before they proceed with delivery. Once they’ve verified the residence of an intended recipient, they must record every attempt at delivery as proof of attempted service.
Using innovative skip tracing methods like researching public and private databases may help to ensure a process server can locate the correct residence of an intended recipient.
A property investigation checklist also allows process servers to play a critical role in property seizure assistance and evidence or testimony related to asset forfeiture.
Tools and techniques used for property verification
In order to investigate and verify a residential property, a process server might use the following tools:
- Skip Tracing: Exploring public databases, known associates, work histories, and social media activity to discover an accurate address for an intended recipient and quickly locate them. Skip tracing techniques also allow a process server to find someone who is avoiding service.
- Google Maps: A process server may research Google Maps streetviews to investigate a property’s exact location, layout, and description.
- Video Recorders: A process server might use a smartphone or other device to video their property investigation, verify an intended recipient’s residence, and document service attempts.
- Client Portals and Mobile Apps: These tools allow clients to keep in consistent communication with a process server and share any pertinent information about property investigation specifics. Client portals and mobile apps can also help a client track the real-time status of their case, and provide excellent transparency about property checks and delivery of documents.
What a process server cannot do during a property check
In order to remain in compliance with federal, state, and local regulations, a process server should ensure they’re adhering to any trespass and privacy laws. It’s important to note that these laws vary from state to state, and may even vary in different municipalities.
Can a process server enter private property?
A process server can attempt to locate an individual on private property by knocking on the front door or attempting to buzz in at a private gate. However, they cannot illegally trespass by sneaking under a gate or scaling a fence.
What hours can a process server enter private property?
The hours a process server can serve someone vary from state to state. However, industry guidelines recommend that a process server should avoid conducting property investigations between 10:00 p.m. and 6:00 a.m.
What happens after a property investigation?
Once a process server has completed a property investigation, they’ll communicate their findings with the attorney client. The attorney will advise a process server how to proceed and record verified occupancy or vacancy.
A process server will then attempt to serve the intended recipient of vital legal documents and record these attempts to file with the court.
Property investigation and property inspection are vital to ensuring an intended recipient of document delivery can be quickly located and served. A great process server will remain within legal compliance, conduct thorough and ethical investigations to locate an individual, and work with integrity and discretion.
To learn more about industry-leading, nationwide process servers, partner with the best process servers in your area, and more, visit Firefly Legal.
