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You must be at least 18 years old to file a claim. If you are not yet 18, tell the clerk. You may ask the court to appoint a guardian ad litem. This is a person who will act for you in the case. The guardian ad litem is usually a parent, a relative, or an adult friend. You must also appear at the small claims hearing yourself unless you filed the claim for a corporation or other entity that is not a natural person. If a corporation files a claim, an employee, an officer, or a director must act on its behalf. If the claim is filed on behalf of an association or another entity that is not a natural person, a regularly employed person of the entity must act on its behalf. A person who appears on behalf of a corporation or another entity must not be employed or associated solely for the purpose of representing the corporation or other entity in the small claims court.  A person who sues in small claims court must first make a demand, if possible. This means that you have asked the defendant to pay, and the defendant has refused. If your claim is for possession of property, you must ask the defendant to give you the property. Unless you fall within two technical exceptions, you must be the original owner of the claim. This means that if the claim is assigned, the buyer cannot sue in the small claims court.

As the population gets older and people live longer, process servers are finding an increase for service involving the elderly. According to the Alzheimer's Association, 1 in 10 people over age 65 and nearly half over age 85 have Alzheimer's disease - which affects their memory, judgment, and behavior. About a third of all senior citizens have disabilities that cause serious difficulty in walking, hearing and seeing, according to the U.S. Census Bureau.

Process Service and Seniors

Seniors may require protection from both themselves and parties who do not have their best interests in mind, and many states have laws to safeguard their health and assets if there are physical or mental health issues. Those affected with dementia are rarely defendants and more often have to be notified about legal proceedings that affect them. Laws can vary by state. Some have specific rules similar to those for minors.

"Nothing in New York law that I know of specifically says if someone is over a certain age they have to be served in a certain way," said Larry Yellon of the National Association of Professional Process Servers. "When it's a special proceeding appointed by the court to manage the affairs of that party, that person has to be served — even though there are other parties being simultaneously served to protect that party's interest."

In California, if a copy of a summons cannot be delivered in person, it can be served at their residence "in the presence of a competent member of the household or a person apparently in charge," according to state law.

If someone wanted to establish custody of a person with dementia, they can have a special proceeding, but the elderly person has to be served in person to make the proceeding effective. "That section of law is used extremely often in those situations, like when a relative sees that person is suffering and they want to be appointed to manage their affairs. All the parties who are related get notice, so they have a right to object," Yellon said.

How to Approach Seniors With Dementia

Whether or not you're serving a senior, you should never be deceptive by attempting service under false pretenses or violating state laws - including pretending to be a police officer or government official.

When you approach someone who may be suffering from dementia, the Alzheimer's Association recommends you explain why you're there, speak slowly in a low-pitched, non-threatening voice, using short simple words and asking "yes" and "no" questions.

"Loudness can convey anger. Do not assume the person is hearing-impaired," the association advises. "Ask one question at a time - allowing plenty of time for response. If necessary, repeat your question using the exact wording. People with dementia may only grasp a part of the question at a time." The association also states confronting or correcting someone with dementia is unlikely to accomplish anything productive.

Process Servers Role in Elderly Guardianships

One of the earliest signs that spouses and family members notice about their loved one is the inability to handle finances. The elderly are more susceptible to falling prey to financial scams. Poor financial choices made by those with dementia can result in a significant amount of debt. Dementia does not absolve debt, though it's likely a creditor will reconsider if you locate the person getting served in assisted living. For making decisions for an elderly person, Yellon said it's "hugely important" courts have guardianship proceedings for their care.

Dementia care is not expensive, but it is also mentally and physically demanding on the caretakers. When the disease becomes too advanced for a loved one to be cared for to care for at home, individuals living with dementia need to move into assisted or supportive living facilities and later nursing homes to receive proper care. However, if they are resistant, which many dementia patients are, a guardianship will need to be in place to give control to the caretaker.

"Process servers have to be involved in that. It’s mandatory [in New York] that ‘proposed conservatee’ is the title that they give to the party being served who is probably elderly but more important [the court] will spell out how they have to be served and by what day," Yellon said. "This way people can’t come in and start taking their money - legally. Many unscrupulous parties will get mom or dad to sign a power of attorney without this proceeding to take advantage of them."

Some facilities will have an employee, such as the head of social work, come in to witness the service to help confirm the validity of the service. Ultimately, Yellon explained that at its core, serving an individual with dementia is not ideal. "It's really a poor form of service, because many times they don’t know they are being served," Yellon said.

But by federal law, in nursing homes that accept federal Medicare or Medicaid funding, residents have a right to receive visitors any time they like, regardless of whether the nursing home has posted visitation hours. The nursing home facility is the resident's home, and as such, the resident may have guests at any time. And for instances in which a guardianship proceeding will take place, the service of process must occur, despite the condition of that individual’s current mental faculties.

Like with service to anyone of any age, the legality of service depends on which state the papers are being served in or are coming from. This is also an important reason why a process server is needed for these situations. In most states, you can serve anyone anywhere at anytime, but some prohibit serving someone at their residence on Sundays or on a holiday, and a professional is aware of such regulations. Be sure to check your state’s laws and regulations regarding civil process service before attempting service on an elderly individual with dementia.

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Who Uses Process Servers?

Why It's Important To Not Overlook The Process Service In Your Court Case

The service of legal process is many times overlooked in importance since it’s considered a done deal once the contract is handed out. What the process server does, is go to the business or person involved in a court case and deliver the legal documents from the court. These papers might be subpoenas for evidence, a summons and complaint, writs, or even eviction notices, depending on the case. Afterward, the server, which is the person that performed the delivery, will sign a legal affidavit saying that the papers were served and that will be entered as part of the legal case. Here are some important considerations to note when hiring a service for your case.

In Many Lawsuits The Legal Process Service Is The Most Important Part

The way that most lawsuits work is that the person being sued is served with a summons and complaint. They then have a specific amount of time, usually, 30 days, to file a legal answer with the court and request a hearing in front of a judge. If they fail to do so, they will automatically lose the case by default. Then, no matter what they were sued for, they owe and will have to pay.

They only way out of a case like that is to go in front of the judge and maintain that you didn’t receive the legal documents and didn’t know you were being sued. This can work, but not very often, and there are certain requirements that have to be met to even consider trying. It might be possible to claim the documents were delivered to the wrong address, but if your drivers license or government issued ID is not up to date, you’ll have a difficult time.  Who Uses Process Servers?

The other claim might be that the papers just weren’t delivered to your place of residence or business, but then you might have to face the Process Server in court. If he has a strong record of always telling the truth, your case could go out the window quickly.

These are just a few reasons why it’s important to hire a competent and experienced process service company to deliver all of your legal documents. There are times when a good, legal serve makes the whole case and after that all you have to do is collect your debts owed.

How To Serve a Subpoena on Wells Fargo?

Do you need to serve a subpoena on Wells Fargo Bank?  Sacramento's #1 Process Server Lance Casey & Associates will serve your subpoena.  The Process is easy.  Complete the online form below and upload your documents, email your documents to Ljkc916@gmail.com or fax your documents to (916) 244-2636.  We will personally serve your documents to Wells Fargo's Registered agent.  After service of process, a proof of service form will be emailed to you and the original will be mailed to you.

Who is Wells Fargo's Agent for Service of Process?

Sacramento's #1 Process Server Lance Casey & Associates serves subpoenas in Sacramento to the corporate agent for service of process for several Wells Fargo entities, including Wells Fargo Bank, NA, Wells Fargo Bank, Ltd., and Wells Fargo & Company is Corporation Service Company which will do business in California as CSC - Lawyers Incorporating Service. As the registered agent, CSC accepts service of legal documents (e.g., lawsuits, subpoenas, other legal notices, etc.) on behalf of Wells Fargo.  We serve Corporation Service Company daily.

Wells Fargo Registered Agent

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 (800) 683-4769

Is Being A Process Server Dangerous?

What Process Servers Do

Service of process is a part of legal procedures in the United States. This is an act that is something any citizen of the United States is entitled to under the Constitution. The people who serve process on others are called process servers.

Under the Fifth and Sixth Amendments to the Constitution, a person is entitled to be given notice of any legal proceeding being taken against them. The document that comes after a plaintiff files a complaint is a summons. This literally summons the defendant to take action against the claims being made against them in the complaint.

The act of serving these documents on a person is called service of process. This is where a person is served the notification of the legal action. At one time, local sheriffs were tasked with serving papers on defendants. This eventually became too big of a job for a single sheriff to handle so process servers were hired in a sheriff’s place.

Process of service is done in different ways in different states but generally, the server has to hand the papers to the defendant or otherwise get the documents to the defendant so that they are aware of the case against them. Some servers can send the documents by certified and registered mail. A return signature card signed by the defendant serves as proof that the service was given according to laws.

Once the service is done, the courts require such proof from the servers. These individuals must file a notarized affidavit of service. This serves as legal notice to the courts and the defendants that the court papers were delivered in accordance with the laws. Each individual process server may have their own way of completing the service but they have to prove it as per court rules in their jurisdiction.

How To Serve a Subpoena on Wells Fargo?

Do you need to serve a subpoena on Wells Fargo Bank?  Sacramento’s #1 Process Server Lance Casey & Associates will serve your subpoena.  The Process is easy.  Complete the online form below and upload your documents, email your documents to Ljkc916@gmail.com or fax your documents to (916) 244-2636.  We will personally serve your documents to Wells Fargo’s Registered agent.  After service of process, a proof of service form will be emailed to you and the original will be mailed to you.

Who is Wells Fargo’s Agent for Service of Process?

Sacramento’s #1 Process Server Lance Casey & Associates serves subpoenas in Sacramento to the corporate agent for service of process for several Wells Fargo entities, including Wells Fargo Bank, NA, Wells Fargo Bank, Ltd., and Wells Fargo & Company is Corporation Service Company which will do business in California as CSC – Lawyers Incorporating Service. As the registered agent, CSC accepts service of legal documents (e.g., lawsuits, subpoenas, other legal notices, etc.) on behalf of Wells Fargo.  We serve Corporation Service Company daily.

Wells Fargo Registered Agent

CALL NOW!

 (800) 683-4769

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.

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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