Excerpted from The PSI Newsletter      

One of the most common and frustrating aspects of a process server is forwarding work to another out of area process server. Clients who send service assignments often request that it be served in another city. The use of other process servers in the local city where the defendant or witness is to be served is a common occurrence. Some companies have found forwarding process work so frustrating that they just do not forward assignments. They simply refer the requesting attorney to a server in the city where service is to be made to avoid the hassle.

Since most forwarded assignment are within California, where the rules for service are the same, problems that occasionally occur are for reasons other than improper service. Most problems involving forwarded work arise from a failure to properly communicate and varying agency styles.

Accepting out of area forwarding work can provide your client the convenience of calling you for both local and out of town services. It can also provide you an opportunity to develop business relationships with process servers in other cities and could result in an expansion of your local business. Servers receiving forwarded work often will send work to process servers who use them for services.

Charges for services are generally $5.00 to $20.00 less than the regular service fee, although discounts cannot always be assumed. Every company has their own policy but by developing an out of area client who wants to forward work to you could result in an advantageous reciprocal arrangement. Some companies only provide discounts to other CAPPS or NAPPS members. Because of previous experiences with slow or no pay servers, many companies may request prepayment.

Because the work is discounted, the server may tend to shuffle forwarded work to the bottom of the pile resulting in unanticipated delays. The following tips can eliminate surprises and disappointments. Call the agency or server before you send the assignment. Be clear about the last day for service, charges, method of payment, additional charges for rush or diligence, the number of attempts to be made, and what will be expected. Confirm as much as possible in writing and/or fax. If you are a NAPPS member and are using another NAPPS member, use of the Request for Service is a prerequisite for filing a grievance if the job goes badly. (If you are not a NAPPS member, contact them for an information packet and application.)

Verify the address of the server before sending the documents. Just because it is listed in a directory does not mean the address is current.

Specify shipping methods, both sending and returning a proof of service. Do not assume that the recipient receives Federal Express, Airborne or faxes on a regular basis and will perform the service on the day of receipt. If that's what you want, communicate it clearly. Verify as much information about the service before you send it. If possible, check the service address, phone number, company policy, etc. The more you do before you send it will reduce your charge when you get it back.

When there are special requirements for proof of service, such as the use of a particular form or notarization, make it clear.

Prepare the proof of service or affidavit and send it along with the documents. 90% of a proof or affidavit can be prepared with the known information. This is an easy way to ensure quality control. It will also give you the opportunity to list your name on the proof and not the name and address of the agency serving the document. Future assignments in the same case in the same city often are sent to the server whose address appears on the last proof of service in the attorney's file. If that's you, you'll get the call.

Make and retain a copy because, unfortunately, many process servers will not complete the proof with a typewriter. Several process serving agencies will not complete it at all and may just send a signed copy in blank. Larger companies only have computers that print to pre-printed forms and have don't have typewriters or proof of service forms. Also, larger companies tend to rely completely on computers to generate all proofs of service and their operators do not grasp the concept of putting the attorney's name in the upper left hand corner. Consequently, the forwarding process server's name usually appears there and the proof has to be whited out or retyped before filing to conform to the California Rules of Court. Smaller operators may not share your philosophy about cleanly drafted proofs of service. The remaining copy may save you time when preparing another document for re-execution. Send a complete set of documents for service. If substituted service is anticipated, and you expect the server to mail the additional set, send an additional copy. Do not expect the server to make extra copies. Otherwise, have one available so that a copy can be sent promptly.

Something can go wrong with any job. If it happens with a forwarded assignment it is helpful to have an extra set so the assignment can be re-assigned to another server without alerting or asking your client for it. You can decide whether to spend the money for keeping an extra copy. Its a good idea, but its expensive and clogs your office (and the world) with more paper. Scan it, microfilm it, fax it to your computer fax and store it on a disk. Or plan on buying it from the court. Our if you have a good relationship with your client, get it from them when you really need it. Screwed up fix-it jobs limits your options to make the fix and save face, or save your client, his or her client's lawsuit or a nasty negligence lawsuit against you down the road.

Pass along any additional information received that may assist the server. If service is canceled, pass it along as soon as the request is received. Forwarded work requires special problems because the information must be filtered through so many people. The forwarding process server must be diligent in monitoring a forwarded assignment. Since that generally involves long distance phone calls, make the calls count. Ideally, supplemental instructions should be written and faxed.

When the proof or affidavit is received back from the server, review the documentation to ensure that all information is accurate and complete, comparing both the proof to the report from the server. Take responsibility for monitoring and ensuring that service was proper and the proof of service is accurate. The requesting attorney has entrusted the service to you. If there is a screw up, pawning it off on the serving agency is bad business policy.

Watch for fast track filing deadlines. Many process servers are late in getting paperwork back. In fact, if something does go wrong, service of the paper is usually the only aspect of forwarding work that isn't a problem.

Out of State Forwarded Work

Forwarding work, especially work that goes out of the state for service takes a great deal of attention. For instance, out of state process servers are not accustomed to California service laws. Diligence requirements for substituted service, the need to serve someone over 18, or the importance of a prompt mailing to complete service must be spelled out because California is one of only a few states that require it. Conversely, California process servers are accustomed to serving process on any day, including Sundays or holidays. I am a California bred goyem and have no concept of the Jewish Calendar and high holy days, but after 20+ years as a process server I recently learned of a restriction about service of New York process on a Jewish holiday. Don't assume the receiving process server knows the rules in another state. The sending agency is responsible for imparting that information to the process server who ultimately serves the document.

Service is permissible in California when made in accordance with the state where service is being made, even when it does not comport with California law (CCP § 413.10(B)), and proof of such service may be filed with the court (CCP § 417.20). However, making sure that both the service and proof of service conformed to California law can save you and your client a big hassle. The court clerk, judge or defendant could challenge the validity of the service. If service is invalidated, service might have to be done again. The re-service might take extra effort since the defendant would know he would have to be re-served.

There is a common misconception of the need to file a notarized proof of service of a California lawsuit served in another state when the declaration is signed outside California. Since 1981, all declarations made -- under penalty of perjury under the laws of the State of California -- need not be made by sworn, notarized affidavit (CCP § 2015.5).

The standard proof of service form has that statement, and if it is signed without alteration a sworn affidavit of service is not necessary. Proof of Service, or Affidavits of Service made in California originating from other states and countries usually require a sworn affidavit, characterized by a jurat, a statement "Sworn to before me, a Notary Public." The General Acknowledgment form is not the proper form and would result in an improper notarized document. A few states allow declarations under penalty of perjury. Canadian Affidavits of Service must accompany a copy of the documents served as an exhibit.

Many states require that the Affidavit of Service contain the manner of service, date and time, a statement that the process server is a citizen of the United States, a description of the person served, and the defendant's response to an inquiry whether he or she is in the military service, or whether they declined to state. Some states, New York in particular, require Affidavits of Service be filed in the New York court within 20 days after service by substitution.

In most cases, serving lawsuits and subpoenas forwarded from other states may be served under California law. Some states, however, restrict services from being effected on Sundays and some national or religious holidays (Dist of Columbia, FL, MA MI MN, NY, PA SD, TN & VA). Many states have special laws about effecting service in a manner impermissible under California law. (New York allows some defendants in certain cases to be served by posting a copy of the documents on the last known address of the defendant and by mail after the third attempt; Oregon allows service on some defendants by leaving a copy with a person over the age of 15 years.) It is important to contact the sending agency or law firm to review alternative manners and methods of service.

NAPPS publishes a nationwide guide to service of process that highlights the main manners of service for all states. It's a little dated (1987) but is a good source. And the last page of the NAPPS directory lists the states that do not allow service on Sundays.

State court subpoenas from states other than California to compel compliance outside of California are not valid and cannot compel a witness in California. A specific procedure under CCP § 2029 provides for the issuance of a California subpoena to compel a witness in California for use in another state or country. Federal Court subpoenas attempting to compel compliance outside California are also invalid. However, many times subpoenas are served by agreement between the parties and the witness who will comply voluntarily.