How Process Servers and Private Investigators Can Effectively Handle Deadbeat Clients

How Process Servers and Private Investigators Can Effectively Handle Deadbeat Clients

            Those who have served in the field of private investigations or process serving for any length of time know all too well the perils of working with companies and individuals who cheat them.  Most times these law firms and companies promise to pay money upon successful completion of services but simply never do.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com explores possible options and solutions for Oklahoma process servers and private detectives who find themselves facing these tough situations . . .

Many process servers and almost all private investigators require payment in advance.  Indeed, since the amount of money that private detective agencies stand to lose can range in the tens or even hundreds of thousands of dollars, most such firms require a specific retainer up front.  Process servers, on the other hand, usually have much less to lose and sometimes allow their customers to receive an invoice after they have completed the service.  Either way, when customers fail to pay as promised, it puts the Oklahoma process servers and licensed private investigators in a bit of a bind.

One effective way to prevent this from happening is for process servers and private detectives to simply require all of their customers to pay up front.  This is an effective measure which will prevent clients from failing to pay.  This option also helps deter clients who might like to cheat the process server or private investigator.  However, this choice also comes with significant limitations.

Some clients prefer to receive the bill after the process server completes his or her tasks.  These types of clients often include, but are not limited to, high end attorneys and others who stake their reputation on quality and efficiency.  This type of clientele often does not have time to issue checks or money orders right away and tends to work on very tight schedules.  Process servers who refuse to bill these firms and individuals will often lose their current and future business.  Private investigators, of course, should continue to require the money up front; they simply have too much to lose.

Before informing clients that they have not paid what they owe, it is imperative that process servers ensure that they have not already paid it.  Sometimes it is possible to not mark down a check, money order, or other payment the client has made.  By first checking with the bank, with Paypal, etc., private detectives can almost eliminate the chance of inadvertently asking for money from clients who have already paid their bills.

Process servers who choose to allow clients to pay after the completion of services do not really have many of the same protective preemptive safeguards in place.  Thus, they must choose how to handle the situation after the fact.  They do, however, have a string of options and at least one thing they can do to protect themselves.

Generally speaking, process servers should always require their clients to make their service requests up front and in writing.  This is especially true for process servers in Oklahoma who do not require their clients to pay in advance.  A special form such as this http://www.oklahomajudicialprocessservers.com/wp-content/uploads/2012/11/Process-Server-Client-Questionnaire.pdf can require the client to waive all liability and guarantee payment in writing.  This formal agreement not only helps to shield process servers from harm, but it also helps deter potential deadbeat clients.  Those individuals and businesses who do cheat process servers out of their fees also become more vulnerable in court, as process servers now have something in writing.

If the amount the client owes is very small, it is sometimes easier to “un-serve” the person.  In doing so, the client may have to reschedule his or her court date.  This will require the person to go obtain the services of yet another process server.  If the Oklahoma City process server has already turned in an affidavit of service, he or she can subsequently submit an affidavit of non-service.  This second affidavit might potentially nullify the previous affidavit on grounds such as, “I accidentally served the wrong person.”  In the event that an affidavit of service is not already on file or otherwise in the client’s possession, then the process server can simply refuse to write one.  Either of these efforts will likely frustrate the former client and may hinder his ability to receive a timely judgment.  However, if a Norman, Oklahoma process server is seeking a financial judgment, this will not suffice.

Oklahoma process servers and private investigators can also write and submit a brief or letter that informs the judge of the client’s failure to pay.  Filing a letter of this sort so will most likely hurt the client’s credibility in court.  Who can trust a person or business that would stiff his own process server or private investigator?  In addition to doing so, the Oklahoma process server can also file a small claims suit against the former client and have that person served.  If successful in both of these attempts, this can frustrate the client both in his or her own legal case and simultaneously force him or her to become embattled on yet another front.  Of course, this endeavor also takes time and money, and some process servers one or both lack both.

Some process servers and private detective agencies prefer to outsource all of their deadbeat clients to collection agencies.  These companies will often handle the entire process for fee.  In doing so, they take the stress and pressure off of process servers and private investigation firms, and this frees their time and resources to engage in other meaningful business pursuits.  Of course, these companies also require up to one half of the amounts they recover as payment, thus trimming the process servers’ and private detectives’ bottom lines.

Process servers and private investigators whose former clients have breached their trust agreement can also choose to leave a bad written review for professionals and companies.  If the deadbeat client is a business entity, this can range from a blatantly honest and thorough review on www.yellowpages.com to other sites like www.angieslist.com.  Believe it or not, some customers read reviews written by former and current  companies they are considering working with.  If a professional company or individual has cheated a process server out of his or her fee, then he or she will likely happen again to others.  The public deserves a fair warning about the company’s unscrupulous business practices.  However, if the former client happens to link the written review back to the process server, then he or she can also write a bad written review – even if untrue – about the process server, private eye, and/or his or her company.  Thus, caution does indeed become the “better” part of cyber revenge.

The Better Business Bureau (BBB) www.bbb.org can also help to mediate complaints against the wayward company or business.  However, they tend to be most effective against those whom they accredit. The Better Business Bureau is unable to compel a company to act or require action.  Of course, the company can still lose its BBB accreditation, and this is something that many businesses wish to maintain.  Indeed, many law firms have their accreditation by the BBB to help prevent lawsuits and to let their customers know they are trustworthy.

If the individual is a member of a professional organization or association such as the Oklahoma Bar Association (OBA) http://www.okbar.org/, the National Association of Professional Process Servers www.Napps.org, or the Oklahoma Private Investigator Association www.Opia.com, then process servers can file complaints against the individuals or businesses with their respective professional organisations and licensing committees.  These types of associations often require higher standards of ethical conduct from their members and/or respective licensing boards.  They want their members to represent their profession well and to help others.  While it is true that these governing bodies often protect those within them, they can also serve to help field complaints for little or no money or time.

Sometimes clients really do not have the ability to pay their bills, and money really does become an issue for them.   This is when alternative forms of payment through bartering sometimes become more feasible.  This is especially true when the client does not have the ability to pay his or her bill but also practices some sort of trade or profession which may provide necessary services for the Oklahoma City process server or private detective.  Such trades and professions include, but are not limited to, those who are plumbers, lawyers, doctors, teachers, and almost anything else of relative value.  Of course, the entire bartering process tends to work best when utilised from the start rather than as a substitute for nonpayment of services.

The only other viable option a process server has is to simply turn the other cheek, cut his or her losses, and move on.  Pursuing the attorney, process serving firm, private detective agency, or individual may turn out to be more of a headache than it is really worth.  Indeed, the recoverable amount may not be worth the time or effort.  Plus, collecting on a judgment is not always easy and may require even more time and resources.

On the other hand, licensed process servers and private investigation firms should not let unscrupulous companies run all over them.  By doing so, they might become emboldened by the apathy and are more inclined to keep doing the same thing to others.  Process servers and private eyes must strive to protect one another and their fields both professional and respectable.

Sometimes clients will write bad checks or will initiate a chargeback on their credit card authorizations.  If the process server or Oklahoma private investigator has already meritoriously performed the work, then this kind of misbehaviour on the part of clients is just as unprofessional as those who refuse to pay at all.  Sometimes it is even more damaging, because it can cost the Oklahoma process server even more money, time, and can hurt his or her reputation within the financial community.  Once again, process servers have many options at their disposal.

Aside from the other methods previously discussed in this article, a good Oklahoma City private investigator can also take other action against bad check and credit card users.  In these cases, process servers can also contact their district attorney’s office to press charges against bad check writers.  In addition to other civil action their might pursue, this can add criminal charges to the client’s list of new problems as well.

When clients initiate a chargeback on a credit card payment, private investigation companies can and should actively participate in every part of the dispute.  All too often, companies like Paypal www.Paypal.com will try to side with the consumer too easily, leaving the seller or provider of goods without proper payment.  Private investigators should stick with it each step of the way, taking action against the credit card companies, if needed.

It is vital that process servers and private detectives remember that most clients will happily pay for good service.  Indeed, sometimes attorneys and other professionals just become so busy and backlogged that they may accidentally forget about making a payment.  Their staff may become sick, or they may think that they have already paid the amount they owe.  By taking a more diplomatic approach, Oklahoma City private investigators and process servers can offer gentle reminders via e-mail, mail and telephone calls.  Sometimes clients need more time to pay or would prefer to make a payment by credit card or via another alternative method.  Process servers and private investigators who work with their clients instead of against them will go further.

When it comes to getting paid, licensed process servers and private detectives in Oklahoma and elsewhere have a variety of options at their disposal.  From preventive measures to collection procedures, there are many ways to minimize exposure to clients who cannot or will not pay their bills.  By ascertaining which option is best according to each situation, Oklahoma City private investigators and process servers can often regain their hard earned money in the most professional way possible.

How Oklahoma Private Investigators and Process Servers Can Elicit Greater Police Cooperation and Assistance

How Oklahoma Private Investigators and Process Servers Can Elicit Greater Police Cooperation and Assistance

            Police officers can sometimes prove to be very helpful to private investigators and process servers.  Indeed, in some cases private investigators, process servers and police officers perform very similar tasks.  All three professions often encompass various aspects of the law, and thus everyone’s job becomes much easier when all sides work collaboratively rather than against one another.  Oklahoma Judicial Process Servers www.OklahomaJudicialProcessServers.com examines some of the ways in which process servers and private investigators can increase the likelihood that police officers will want to assist them, or at the very least not hinder, their investigations and service of process.

The first and most important things all Oklahoma private detectives and process servers should do is to make sure that they always carry the proper identification.  Private investigators should always have their private investigation licenses, a driver’s license, etc., on them at all times.  Likewise, process servers should also have their process server license and their driver’s license on hand whenever they go out to serve papers.  Doing so ensures that each Oklahoma City private investigator and process server has everything he or she needs to both identify themselves and proves that they have a legal right to conduct his or her activities.

By law, police officers have the right to perform certain functions within the scope of their duties.  No other individual may interfere with those job tasks, unless the police officer is doing something wrong (i.e., police brutality).  Likewise, once a law abiding Oklahoma process server or private detective has properly identified himself or herself to a police officer who has asked to see identification, there is nothing that that any law enforcement personnel can legally do to interfere with the performance of those lawful duties.  This is why it is so imperative for Oklahoma City process servers and private investigators to carry their process server and private investigator licenses, as well as their drivers’ licenses, at all times.

An owner of a reputable private detective agency or process serving company in Oklahoma will often take great care to let law enforcement officials know of their presence in advance.  This is especially true if the process server or private investigator plans to stay in one area for an extended period of time.  Calling or physically going to the police station in advance and presenting proper identification can prove to be very beneficial.  By doing so, police officers can verify that a person who claims to be a process server or private detective really is who he or she claims to be.  However, it is imperative that process servers and private investigators remember that they do not have to, and in many cases are forbidden from, releasing specific names and/or the general nature of their service/investigation to the police.

When contacting the police in advance, it is important for process servers and private detectives to help give them other non-sensitive important information.  Providing them a physical description of the process servers or private investigators, the make, model and tag numbers of the cars that will be in the area, and a contact number of the individuals working the case will often put their minds at great ease.  That way if people start calling in to report a “suspicious” vehicle or other unusual activity, the police officers can choose call the Oklahoma private investigator or process server first to see what is going on.

Contacting the police in advance will often, but not always, keep police cars from showing up at a private detective’s or process server’s location with multi-coloured lights on, sirens blaring, etc.  This, of course, could prove to be disastrous for an investigation or serve.  What private detective agency or process serving company wants the entire neighbourhood to know of their employees’ presence?  Having the police show up during surveillance or while on a difficult serve could potentially blow everything and would not help out the client.

Making friends with the police and other law enforcement officials can also help a private detective or process server reap numerous positive rewards.  Whether this takes place in a professional capacity or with people on the force that are already known by or introduced to private investigators and Oklahoma process servers, knowing people in the right places helps!  Of course, it is not only beneficial to be well-known, but also well- liked and well-respected.  Spending a little time to invest in these relationships, which can even be as simple as smiling and saying, “Hello” to police officers as they walk by, not only makes deposits into their emotional bank accounts but is also the nice thing to do.  In addition, massaging a police officer’s ego, if not overdone, can also help.  A little investment in advance can come back to help in the future when it especially counts!

After having had a gun pointed at him by a crazy lady, a process server made it a point one time to get to know the local sheriff’s deputies as he filed the report.  They all talked, laughed, shared stories, and more.  While later having to wait in his car while trying to serve papers in the same town on behalf of a new client, a suspicious neighbour eventually contacted the local police.

The local police showed up first, and they began questioning the process server.  However, when the county sheriff’s deputies soon arrived and the process server got out of his car to greet them, the police officers asked them, “You know this guy?”  When the sheriff’s deputies acknowledged that they did and that everything was good to go, the local police immediately backed off and went to inform the normally paranoid lady that everything was okay and that they could not make the Oklahoma process server leave the area.

This is once again a very good example of how Oklahoma private investigators and process servers who know people within very similar professions can have an easier time.  The greater one’s sphere of influence is, the easier life often becomes.  Those who run the most successful private detective agencies and process serving companies have mastered this invaluable concept.

It is also extremely important for private detectives and process servers in Oklahoma and elsewhere to make sure that they follow all laws.  If a process server or private investigator is doing everything in accordance with all local, state and federal laws, then police officers have no way to complain about or otherwise impede the duties of those working for process serving companies and private investigation firms in Oklahoma City, Norman, Moore, Edmond, Yukon, Mustang, Piedmont, El Reno, and elsewhere.  Unfortunately, following the laws is not always sufficient.

Sometimes police officers do not know what the laws are.  Indeed, police officers are trained in criminal law, not civil law.  Not wanting to appear ignorant, some police officers may just go with whatever they think the laws should be.  Others may call their supervisors or even call for the assistance of the county sheriff or constable, as they are often charged with the responsibility of serving papers, etc.  At other times, since law enforcement officials really may not know what private investigators and process servers can and cannot legally do, they may just let them proceed with their duties unhindered.

It never hurts for process servers to have a copy of the Oklahoma Rules of Civil Procedure and the Federal Rules of Civil Procedure on hand.  Private investigators should have any pertinent laws, which are often on www.oscn.net, readily available by phone or on paper.  This way if police officers are ignorant of civil laws pertaining to Oklahoma process servers and private investigators or are intentionally trying to interfere, they can get a quick and easy reminder.

In addition, having copies of local ordinances pertaining to parking on public property, what does and does not constitute trespassing, and the amendments to the United States Constitution on hand can also prove to be quite useful.   Sometimes an Oklahoma process server or private investigator will need to remind police officers about such rights as the freedom of speech and association, what the Full Faith and Credit Clause of the United States Constitution really means, etc.  Always knowing the laws in advance is smart and makes excellent business sense.

Process servers and private investigators should definitely take great care to always act professionally.  Circumstances may arise when police officers do everything wrong or even break multiple laws.  Indeed, the field of law enforcement often attracts people with a strong desire to protect and serve, but it can also draw in people seeking power, authority, and those who do not appreciate having their authority questioned.  Private investigation agencies and process serving companies that encourage diplomacy, tact, patience, kindness, collaborative leadership, respect for the law, and polite assertiveness will often prosper the best.

            Another crucial element of garnering the cooperation of police officers is for Oklahoma private investigators and process servers to never try to intentionally antagonize law enforcement officials.  These people are also fellow human beings with thoughts, feelings, dreams, aspirations, goals, insecurities, and fallibilities.  Many of them have families, and they are as fragile as the next human being or other life form.  Trying to make a police officer irate or otherwise irritated will seldom, if ever, accomplish any noteworthy desired goals.  Since private investigators, process servers, and law enforcement officials often perform at least some of the same duties, it is essential that Oklahoma process servers and private detectives do everything they can to get them on the same team.  Hopefully no one is out to break the law or cause any harm; everyone just wants to do their duties and go home to their families.

Private detective agencies and process server companies in Oklahoma and elsewhere can often find great success when interacting with law enforcement officials.  Knowing how, when, with whom, where, and why interacting with law enforcement officials in a variety of situations is crucial.  Eventually there are times when private investigators and process servers need help from local law enforcement agencies.  By working together instead of against one another, Oklahoma City process servers and private investigation agencies can find much greater success!