Episode Transcript
[00:00:00] Speaker A: Welcome to the deep dive. Today we're really zeroing in on a part of the legal world that's absolutely essential, but maybe flies under the radar a bit.
[00:00:09] Speaker B: Definitely under the radar. Until you need one or one finds you.
[00:00:13] Speaker A: Exactly. We're talking about the professional process server. We've been looking at some great sources from Lafayette process servers, focusing on their work down in the Baton Rouge area.
[00:00:22] Speaker B: It's a function that. Well, it ensured the whole system can even start.
It's about due process, fundamentally.
[00:00:28] Speaker A: So our goal today is to kind of unpack what these servers actually do. Forget the movie scenes for a second.
What papers are involved? How does this keep the wheels of justice turning?
[00:00:39] Speaker B: Let's start with the basics. What is a process server? Simply put, they're authorized to deliver basically any legal document that needs formal service, hand delivery to a person or a business, any type.
[00:00:52] Speaker A: So if it's a court document.
[00:00:53] Speaker B: If it's a court document needing official notification, yeah, they're the ones who serve it.
[00:00:56] Speaker A: But here's what really struck me from the sources. The job isn't finished when the papers are handed over, is it?
[00:01:02] Speaker B: Not at all. That's just the start, in a way. The real final product, the thing that matters to the court, is the affidavit of service.
[00:01:09] Speaker A: Okay, Affidavit of service. Tell us more about that.
[00:01:12] Speaker B: It's a legal document signed and notarized by the server, swearing that they delivered the papers correctly according to the law.
[00:01:19] Speaker A: So it's proof.
[00:01:20] Speaker B: It's the proof. It tells the court, yes, this person was legally notified.
Without that affidavit, the court often can't establish it has jurisdiction over the person being sued. The case just stalls.
[00:01:35] Speaker A: Wow. So they're like the gatekeepers of jurisdiction.
[00:01:38] Speaker B: That's a great way to put it. Gatekeepers of jurisdiction. It really highlights how crucial that affidavit is.
[00:01:44] Speaker A: Okay, so let's get into the nitty gritty. What kinds of papers are we talking about? You said any. But what's common? We probably think big lawsuits first.
[00:01:52] Speaker B: Yeah, the big civil suits are definitely a major part. That's the classic scenario, right?
[00:01:56] Speaker A: Someone files a lawsuit, the other person needs to know about it officially.
[00:02:00] Speaker B: Exactly. And in Louisiana, the key documents there are the citation, that's what they call the summons, and the petition, which is like the complaint in other places.
[00:02:08] Speaker A: And those tell the defendant.
[00:02:09] Speaker B: They tell the defendant, hey, you. You've been sued, and critically, you have X amount of time to respond legally, or you could lose automatically a default judgment.
[00:02:19] Speaker A: Okay, so that's the main case. But they don't just serve the main players. Right. What about witnesses?
[00:02:23] Speaker B: Ah, good point.
That brings us to subpoenas. Very different kind of document because it's a command. It's a direct order from the court. Not just notification. But a command and proper service here is just absolutely critical.
[00:02:36] Speaker A: What does it command them to do?
[00:02:37] Speaker B: Usually one of two things. Either show up and testify in court, or maybe a deposition, you know, pretrial testimony. Or it commands them to produce documents, specific records, files, whatever is relevant. That's the famous subpoena. Deuces de cum.
[00:02:53] Speaker A: Okay, so let's play this out. A lawyer's case hinges on one key witness. They need that testimony. What if the subpoena isn't served perfectly?
[00:03:02] Speaker B: Big problem.
Potentially catastrophic, actually. Yeah, if that service isn't done by the book.
Exactly. According to the rules of procedure, that witness is simply not legally obligated to show up or produce the documents. Period.
[00:03:17] Speaker A: So the lawyer's evidence just vanishes.
[00:03:20] Speaker B: Poof. Gone. The entire case could be jeopardized because the service wasn't technically correct. The server's job directly impacts whether evidence gets heard.
[00:03:29] Speaker A: That really underscores the professional part of the panel. Okay, moving on. There are some really sensitive areas too. Like family court.
[00:03:36] Speaker B: Oh, absolutely. And this requires a very different kind of approach.
Utmost discretion.
[00:03:41] Speaker A: Because the emotions are running so high.
[00:03:43] Speaker B: Exactly. Think about what they're serving. Petitions for divorce, child custody orders, visitation agreements, child support papers, even dividing up community property petitions.
[00:03:54] Speaker A: These are life altering documents.
[00:03:55] Speaker B: The deeply personal. The service needs to be professional, neutral, Sometimes facing someone who's really upset or hurt, and still complete the service legally and document it.
[00:04:05] Speaker A: Is it, I mean, is it inherently riskier serving divorce papers than, say, a business contract dispute?
[00:04:12] Speaker B: The dynamic is certainly different. You have to anticipate a potentially volatile reaction. But a trained server knows how to handle that. De. Escalate if possible. And crucially, focus only on the legal requirement notification confirmed via the affidavit. They don't get drawn into the drama.
[00:04:29] Speaker A: Right. Just the facts of the service. Okay, one more common category. Landlord tenant issues.
Evictions.
[00:04:36] Speaker B: Very common, especially in specific courts like East Baton Rouge Parish City Court. And here, the service is involved in typically two distinct steps.
[00:04:44] Speaker A: Two steps. What are they?
[00:04:45] Speaker B: First, there's usually the five day notice to vacate. This is often the landlord's initial formal demand saying you need to leave within five days.
[00:04:52] Speaker A: Okay. Like a warning shot, sort of.
[00:04:55] Speaker B: If the tenant doesn't leave after that notice, then the landlord files with the court and that's step two. For the server serving the rule for possession.
[00:05:02] Speaker A: Rule for possession. That sounds specific. How's that different from the five day notice?
[00:05:06] Speaker B: Big difference. Legally, the five day notice is the landlord's demand.
The rule for possession is the court's summons.
It's the official paper saying you're being sued for eviction. Show up in court on this date.
[00:05:20] Speaker A: Ah, so it moves from a private demand to an actual court action.
[00:05:24] Speaker B: Precisely. And serving that rule correctly is essential for the eviction case to proceed in Louisiana courts.
[00:05:30] Speaker A: Got it. Okay, so those are some of the big ones. But the sources mentioned a whole lot of other documents, too.
What stands out there?
[00:05:37] Speaker B: Yeah, it's the sheer variety, really. Things you might not immediately think of require the same formal service. Like wage garnishments.
[00:05:44] Speaker A: Ouch.
[00:05:44] Speaker B: Yeah. Or official notices of seizure when property is being legally taken. And then there are urgent matters.
[00:05:50] Speaker A: Like what?
[00:05:51] Speaker B: Things like petitions for injunctions or especially temporary restraining orders.
[00:05:55] Speaker A: Right. TROs need to be served immediately. You can't wait for the mail?
[00:05:58] Speaker B: Absolutely not. Time is critical. The person needs to be notified now that their actions are legally restricted, that immediate documented proof of service is paramount.
[00:06:07] Speaker A: Makes sense.
[00:06:08] Speaker B: And it goes all the way down to, you know, small claims court papers. The dollar amount might be small, but the legal requirement for proper notification.
Still the same high standard.
[00:06:18] Speaker A: So it's not about the court level or the case value, it's about the principle of notification.
[00:06:22] Speaker B: Exactly. Due process applies whether it's a million dollar lawsuit or a $500 small claim.
[00:06:28] Speaker A: And speaking of courts, they handle papers from basically anywhere. Right.
If someone needs service in Baton Rouge.
[00:06:35] Speaker B: That's right. The sources confirm they serve documents originating from any court.
Local ones. Like the 19th JDC or Baton Rouge City Court. Federal court, we have not.
[00:06:44] Speaker A: Of state courts.
[00:06:45] Speaker B: Yep. If a lawsuit is filed in California, but the defendant is in Baton Rouge, a local process server handles the service. According to Louisiana rules, the origin doesn't matter as much as the location of service.
[00:06:58] Speaker A: And who uses these services? Just big law firms?
[00:07:01] Speaker B: Nope, everyone. Big firms, small firms, businesses serving other businesses. And importantly, private individuals representing themselves. Private pro se litigants. They need valid service, too.
[00:07:12] Speaker A: Okay, so how does someone actually hire them? Let's say I'm an individual needing to serve papers. How does it work? With their online system, they seem to.
[00:07:22] Speaker B: Have a pretty streamlined process. You go to their secure portal online, upload the documents you need served.
[00:07:29] Speaker A: Can you do multiple documents at once?
[00:07:31] Speaker B: Yeah, it looks like it. You upload the docs and you fill in the key info?
[00:07:33] Speaker A: Yeah.
[00:07:34] Speaker B: Who needs to be served Their address and maybe any special instructions, like they only answer the door after 5pm or something.
[00:07:40] Speaker A: Okay, so info docs, then what?
[00:07:43] Speaker B: Then an important step. You get a confirmation email and then they send you a prepaid invoice.
[00:07:48] Speaker A: Prepaid? Why is that important?
[00:07:50] Speaker B: It's pretty standard in this field. They don't start the actual service attempt driving out there doing the legwork until that invoice is paid.
[00:07:58] Speaker A: Why prepay though? Isn't the goal just delivery? Why not pay after?
[00:08:02] Speaker B: Well, think about what you're paying for. It's not just for successful delivery necessarily. It's for the attempt, the effort, the expertise.
The server has to spend time, gas, maybe try multiple times at different addresses or times a day. They might have to do some research. You're paying for that professional effort, following the legal procedures, regardless of whether the person happens to be home on the first try.
[00:08:26] Speaker A: That makes sense. It's payment for the work, not just the result. But hold on, let me ask this. Why not just use certified mail? Why pay a server?
[00:08:35] Speaker B: Ah, the classic question. Certified mail. Well, it proves something. Arrived at an address, maybe someone signed for it. But who? Was it the actual defendant? Was it someone legally authorized to accept service for them? Certified mail doesn't guarantee that. A professional process server's job is to follow specific legal rules about who can be served and how.
Sometimes you have to serve the person directly, sometimes you can leave it with someone else at their home, but only if they meet certain criteria like suitable age and discretion.
Sometimes you serve a registered agent for a corporation.
[00:09:08] Speaker A: So it's much more specific than just dropping it in the mail.
[00:09:11] Speaker B: Much more. And crucially, the server then signs that sworn affidavit detailing exactly who they served, when, where and how they identified the person, confirming they follow the law. Certified mail gives you none of that legal certainty or accountability.
[00:09:28] Speaker A: Got it? That distinction is really key. Okay, so the invoice is paid.
Service attempts begin. Now let's get to the exciting part. What if the person is dodging, Hiding out. Hard to find, right?
[00:09:41] Speaker B: This is where it moves beyond just delivery and into investigation. If the initial attempts at the known address fail, they don't just give up. They move to skip tracing.
[00:09:50] Speaker A: Skip tracing, we hear that term. What does it actually involve for a professional? Is it like detective work?
[00:09:54] Speaker B: It really is, yeah. It's not just a quick Google search. They use specialized tools and databases, public records, sometimes utility records, cross referencing information, proprietary databases that aren't available to the public.
[00:10:06] Speaker A: Trying to find a new trail.
[00:10:07] Speaker B: Exactly. Trying to find a current verifiable address for the person who has skipped out. They're tracing the leads the person left behind to pinpoint where they are now.
[00:10:16] Speaker A: So it's an investigative skill set on top of knowing the service rules.
[00:10:20] Speaker B: Absolutely. It shows that the job is often much more than just ringing a doorbell. It requires persistence and research skills.
[00:10:27] Speaker A: Let's try a scenario. Say you need to serve a company. Maybe that's subpoena for documents we talked about, but they seem to be deliberately making it hard. Maybe working out of a different location than their official address.
What does a pro server do?
[00:10:42] Speaker B: Okay, good example. A pro server knows the rules for serving corporations or LLCs. Even if the main office seems empty, they know they can usually serve the registered agent listed with the Secretary of State. That person is legally designated to accept service.
[00:10:57] Speaker A: Ah, so there's often a legal backup target.
[00:11:00] Speaker B: Often, yes. Or depending on the state and the circumstances, there might be rules for substitute service, like serving someone in charge at the usual place of business if the agent can't be found.
Or sometimes even serving the Secretary of State directly if other methods fail after diligent effort. They know the legally permissible ways to get it done, even with avoidance.
[00:11:19] Speaker A: So they know the loopholes. The legally allowed ones.
[00:11:22] Speaker B: Exactly. They know the procedures outlined in the law to ensure service is valid even when the target isn't cooperative.
[00:11:29] Speaker A: And this all ties back to the legal framework, doesn't it? They aren't just making this up.
[00:11:33] Speaker B: Not at all. Everything they do, every step, is governed by law. In this case, it's the Louisiana Code of Civil Procedure. Specifically the articles covering service of process.
[00:11:44] Speaker A: That's their rulebook.
[00:11:45] Speaker B: It's their bible. They have to follow it precisely. Otherwise that crucial affidavit of service won't be valid and the service could be thrown out by the court.
[00:11:53] Speaker A: Wow. Okay. This has been incredibly illuminating. We've really seen how the process server isn't just a delivery person, but a legally mandated essential part of the justice system. From serving initial lawsuits and subpoenas to handling sensitive family matters and urgent TROs.
[00:12:09] Speaker B: Right. Ensuring that constitutional right to due process to be nidified is actually met.
[00:12:14] Speaker A: And it all culminates in that one critical document, the notarized affidavit of service.
[00:12:20] Speaker B: Proof, the linchpin, like you said earlier.
[00:12:22] Speaker A: Which leads to a really important point, a disclaimer we need to share from the sources.
[00:12:26] Speaker B: Yes, absolutely critical. While we've discussed all this, remember, this information is for general understanding only. It is not legal advice.
[00:12:35] Speaker A: Right. If you personally have been served with any kind of legal papers, any of.
[00:12:40] Speaker B: The documents we talked about today or anything else that looks official from a court.
[00:12:44] Speaker A: You really need to speak with a qualified attorney immediately. Don't delay.
[00:12:48] Speaker B: Talk to a lawyer about your specific situation, your rights, your options, and the deadlines involved. That's crucial.
[00:12:54] Speaker A: Definitely.
Okay. That important note made. Let's wrap up with a final thought for you, our listener to Mullover.
[00:13:01] Speaker B: Okay.
[00:13:01] Speaker A: We've established how vital that affidavit of service is. It's the court's proof of notification.
So here's the what happens if it's done wrong?
What if a defendant can actually prove the server didn't follow the strict rules in the code of civil procedure, even though they signed that affidavit? David, think about the implications. How might that single procedural failure, that technical defect in service, affect the entire court case? Could it potentially invalidate everything that follows, regardless of how strong the actual claim is? Just how much does the court's power rely on that one piece of notarized paper being absolutely correct?
