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How to Serve Papers in a Hospital

How to Serve Papers in a Hospital

For process servers, finding a person is half the work of getting them served. When you add a high-security location into the mix, the job can get even more difficult. For the most part, it is not inherently against the law to serve an individual in the hospital; however, state regulations vary with regard to how you attempt service, and you must be aware that there could be several challenges that may preclude you from getting the job done.

State Legislation Varies

Be sure to read up on your state’s specific laws regarding service on an individual at a hospital. For example, in Michigan, service must be first attempted by the person in charge of that institution or someone designated by that person in charge.

Your state may not have specific laws regarding service of process at a hospital. In that case, you would treat the service just as you would handle service at any other place of business. However, it is better to be informed than to wind up violating the state statutes and having your service thrown out.

Disabled, Incapacitated or Incompetent Individuals

Individuals to receive service who are disabled or incapacitated, whether they reside permanently in the hospital or are there temporarily for treatment, may still be able to accept service of process; however, you may need to also serve his or her guardian, conservator, or power of attorney in addition to that individual.

In some cases, you would be serving the guardian instead of that individual. For example, in Missouri, you would need to serve the conservator in the case of serving process on an infant, disabled, or incapacitated person. If your client isn’t sure which person to serve, and since this is a unique situation, you may find that there are laws specific to your state. Always refer to state statutes before proceeding.

Hospital Workers and Administration

If you have found that you need to serve a medical professional at their place of work, you may first need to confirm who actually needs to be served.

If the lawsuit is for the hospital itself or its administration, you will need to serve process on a registered agent, similar to how you would serve any other corporation. The Secretary of State typically has this information available for process servers.

While some states have this information available online, like California, which has a list of the registered agents for hospitals (as well as other corporations) accessible on their website, other states may not be as technically advanced. In those cases, you would either need to call or visit the Secretary of State’s office to obtain the contact information for the registered agent.

Furthermore, if you need to serve a doctor or a nurse, and he or she also works in an office setting, it may be easier to serve him or her in that setting rather than at the hospital. It is also worth mentioning that hospitals are large places with a lot of restricted areas for medical personnel only.

Serving Papers in a Hospital

HIPAA Rights

If you aren’t sure of whether or not the person you need to serve is in the hospital, you will need to call and find out. HIPAA does not outright prohibit you from calling and asking about an individual if you know them by name. Years ago, hospitals used to restrict visitation to immediate family only. This policy has, for the most part, changed at most hospitals across the country.

Hospitals are allowed to release the name of a patient (as long as you have asked for the patient or information about the patient using his or her name), a statement of condition (e.g. stable, critical, etc.), and their location within the hospital (unless it includes information protected by HIPAA). If a person has been admitted for substance abuse or psychiatric care, it may be more difficult or impossible to obtain information about them because disclosing where they are located in the hospital would release protected information about their care.

In some cases, a patient may direct the hospital not to release any information about them, which would mean that process servers could not find out if the person to be served is at the hospital or where within the hospital they have been admitted.

Accessing Patients

If you already know a person is a patient at the hospital and have been able to find out their room number, you may be able to visit them to effectuate service. Depending on the patient’s condition, however, visitors may not be allowed. The hospital has the right to favor the patient’s care over visitation rights.

Process servers do not hold any special privileges to get beyond limited access areas, so it may be incredibly difficult to serve patients, as well as hospital staff, depending on where they are located. Breaching restricted areas could pose a health and safety risk to patients at the hospital or to yourself, and you could find yourself in trouble with hospital security for trespassing.

Serving in Hospitals: Case by Case

Overall, it is important to respect patient privacy rights as well as the regulations instituted by the hospital and HIPAA. Civil process service can be effectuated in a hospital setting; the process server just has to be properly informed and aware of regulations in place. Ultimately, there is no federal statute prohibiting service in hospitals, so again, check how service must be accomplished at the state level.

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    How to Serve an Individual With a Post Office Box

    How to Serve an Individual With a Post Office Box

    5 Star Legal Support States "In the civil process service world, few jobs are more challenging than those without a physical address. And while cases in which you are given a post office box may offer slightly more information, there is a chance that they could be just as challenging as those cases without addresses."

    Unless service is being mailed using the USPS and certified mail, you will need to do some work to determine the physical address of the individual you need to serve. In an effort to take some of the mystery out of these serves, we’re outlining some tips for how to tackle locating and serving the individual and make these types of serves not as challenging as they appear.

    Post Office Boxes & Process Service

    (Don’t) Serve the PO Box
    If only it were that easy… Although service can sometimes be effectuated using certified mail, if personal service is required, you cannot serve a Post Office box. In those cases, you would have to serve the individual named on the summons. Furthermore, you cannot serve post office workers. Not only will employees at the post office not be able to accept service for an individual holding a box at the post office, they will likely refuse. If for some reason they were to accept service, it could be deemed unacceptable, and the service could be thrown out in court. You will need to locate the physical address in order to complete or attempt personal service, or you will have to serve the individual on the street.

    Locate the Physical Address
    When you’ve been given a PO Box, the order of business to tackle is to identify the physical address. Having this information will obviously put you in a better position to effectuate service. Luckily, there is a fairly easy way to obtain it given that you have all necessary information.

    While not something that the general public can easily access, obtaining the physical address of a PO Box is a little easier for process servers. You can easily request the PO Box owner’s verified address, but it must be done in writing using the correct form. The form is available online on the USPS website. According to the USPS website, “Agencies must use the Address Information Request Format - Government Agencies in accordance with regulations at 39 CFR 265.6(d)(5)(i) & 265.6(d)(7) when requesting address verification. If the request lacks any of the required information or a proper signature, the custodian must return the request to the agency specifying the deficiency in the space marked "other".” There is also another “boxholder request” form, which is available on the United States Post Office website.

    Keep in mind that completing that form does not guarantee that you will be given the box holder’s information, and if you incorrectly fill out the form, the post office is not required to complete your request.

    No Address? No Problem with Skip Tracing

    In the event that you are unable to obtain the box holder’s physical address, or if the address you are given turns out to be a dead-end lead, you can utilize skip tracing services. While some civil process service companies offer skip tracing services to their clients, some companies exclusively specialize in this service, which taps into a number of resources in order to locate the current address of an individual.

    Depending on the company or what resources you have available, you may be able to access vehicle registration and/or utility records. And regardless of whether you use a professional skip tracer, don’t forget about various public records accessible to anyone, such as the county assessor’s office and other public records!

    STOP! Hold That Service
    In the event that you cannot locate the physical address of the individual to be served, keep in mind that you cannot drop or post service inside a United States Post Office. If you choose to wait for an individual to pick up his or her mail, you would need to attempt service on the actual individual.

    How to Serve an Individual With a Post Office Box

    How to Serve an Individual With a Post Office Box

    Do You Accept The Challenge?
    Although civil process service can have its challenges, there is certainly nothing stopping a civil process server from rising to the occasion and completing the service. Many process servers choose to require that their clients find the address of the party to be served, whereas some offer that as a value-added service. Depending on the volume of work you do, your time, and ability, choosing to handle service without having a physical address is entirely up to you and your business — just be upfront about it with your clients to maintain a positive business relationship.

    Does your firm accept jobs in which the client only has a PO Box? If so, how do you handle it and did we miss anything that should be included?

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    • List each name as it will appear on the proof of service form.
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      How To Find A Good Process Server?

      how to find a good process server

      How To Find A Good Process Server?

      Process Server Lance Casey & Associates states “Find a good process server by looking online.  Check their reviews on Yelp and Google.  Need a good process server in the Sacramento California area to serve your legal documents?  Hire Process Server Lance Casey & Associates.  Call us at (800) 683-4769.  The process is easy.  Just email Ljkc916@gmail.com or Fax (916) 244-2636 your documents.  We can even pick up your documents if you’re in the Sacramento area.  After we print your documents, we will call you and obtain payment over the phone.  Our first attempt is usually the same day.”

      How To Hire The Best Process Servers?

      If you plan to take legal action against someone else, you should be able to deliver the court notification to the defendant. In case, you cannot find the defendant to hand over the court notification, you can always depend on process servers to do the job for you. A good process server will find the person for you and deliver the required documents to him or her. They deliver all types of court documents such as complaints, summons, and subpoenas. Since the agent plays a crucial job, you should always look for a professional process server out there. Here are some tips to consider when hiring the best process servers on the market.

      How To Find A Good Process Server

      How To Find A Good Process Server?
      Process Server Lance Casey & Associates states “Find a good process server by looking online. Check their reviews on Yelp and Google. Need a good process server in the Sacramento California area to serve your legal documents? Hire Process Server Lance Casey & Associates. Call us at (800) 683-4769. The process is easy. Just email Ljkc916@gmail.com or Fax (916) 244-2636 your documents. We can even pick up your documents if you’re in the Sacramento area. After we print your documents, we will call you and obtain payment over the phone. Our first attempt is usually the same day.”

      The reputation and experience of the server are important factors that you should look for when hiring the right one for the job. Have they provided a quality and timely service in the past? If the notification doesn't go to the defendant on time, you won't be able to continue with your case. Hence, you have to look for a professional and experienced process server on the market. Make sure the candidate use the latest technology in the forms of cell phones, GPS tracking, fax, internet, email, online tracking of documents, etc. They have to provide proof of their service. Customer feedback plays an important part in this regard.

      Check if the potential candidate is highly rated by their past clients. You can do your research on the potential server by searching Google for their history. Check online review sites to see how other customers are rating the service of the company. These are important things to consider when choosing the best process server on the market. The above read offers information on what you should look for in a good process server.

      • List your first and last name if not a firm.
      • Please describe how you found our website: Example, YouTube Video, ect.
      • Provide the name of the person that referred you. Our referral program gives them $50 off their next serve in Sacramento, CA
        Choose your service type. You will receive an online invoice for payment after we receive your documents with instructions.
      • List each name as it will appear on the proof of service form.
      • List the total number of entities / parties being served. Each entity served will receive a separate proof of service form.
      • Provide the name of each person or entity being served at the same address. Example: Wells Fargo Bank c/o CSC Lawyers Incorporating Service
      • List each document that you want listed on the proof of service form. Make sure to include the form number. Example: SC-100 Plaintiffs Claim and Order To Go To Small Claims Court.
      • List the total number of pages of your documents. The first 20 pages are included in your price. Each additional page is billed at $0.25 per page.
      • List the clients/firms address. This will be used to complete the proof of service form.
      • Drop files here or
        Accepted file types: pdf, Max. file size: 128 MB.
          You can also email your documents to serviceofprocess916@gmail.com, Fax (916) 244-2636 or I can meet you in the Sacramento Ca Area to pick up the documents.
        • MM slash DD slash YYYY
          Please choose the date the the documents must be served by.