All Worked Up and Serving Sara: Process Servers At Wrong Places

June 11, 2010 on 8:19 am | In Process Servers, process service rules | 22 Comments

Judging by what has been publicized about the legal process service industry by films such as Serving Sara and cable TV reality shows such as All Worked Up, process servers are aliens from outer space seeking to endure pain and suffering.New York City Process Server

After watching the 2002 film Serving Sara, starring Matthew Perry, a romantic comedy about a disoriented process server who falls in love with the recipient of a divorce summons, I wonder where Hollywood directors get ideas to make crappy films like this. It appears that the consultant who guided the producer for this parody misdirected him repeatedly in terms of how process serving is effected. Indeed, the director of said film portrays Mr. Perry as a process server serving papers but puts him in scenes where he acts more like a clown than as a process server. Then again you might say: “It’s a comedy! It’s a parody of the job!”

Well this parody resembles a drama when we learn that the star of the film has no other choice in life but to work as a process server, making silly maneuvers in order to serve papers on evasive defendants such as a Mafia Kingpin he meets at the start of the movie. Eventually comes Sara who turns out to be just another evasive defendant, an elusive divorcee who by the end falls in love with the process server himself or should we say “the big time loser” who is attempting to serve her with divorce petition from her current husband?

On truTV, I have watched Byran McElderry, another process server in New York City on a new reality show called All Worked Up, doing everything possible in order to get assaulted, attacked or berated by the people he intends to serve. The strange part is that McElderry, who claims to be a Bronx process server with 20 years on the legal business, behave about 99% of the time as an actor and perhaps 1% of the time as an actual process server during the show.

McElderry, who coincidentally has a voice for radio announcer, gets locked up on a building roof top allegedly while chasing a slum landlord whom he intended to serve. On another senseless scene, while serving a child support petition in Queens, New York, he argues with a respondent whose dog McElderry fed with his breakfast-a sandwich- in order to allegedly calm it down. Though the dog definitely does not look threatening, the process server attempts to imply that if he feeds the dog he will gain access to the premises. If this is not an attempt to create comedy what else could it be? Reality? It is not. In real life process servers don’t act like these “actors”. How stupid can producers be? I wonder how many viewers will regard process service after taking a look at All Worked Up.

Indeed, here’s a hint about how ignorant the producers are, in their own words, at truetv.com, where they claim that: “His (McElderry’s) job is doubly hard due to the fact that McElderry has to issue papers face-to-face. Without physically putting the papers into a defendant’s hands the documents don’t count as served”Nothing is further from the truth.Haven’t they heard about substituted service, service by mail or service of process by nail and mail. For instance, in the case of the tenants against the landlord, substituted service would suffice.

In reality (People from TruTV, listen up!), process servers must avoid confrontation or getting “physical” with evasive defendants. Most court papers can be served without chasing the defendant or forcing him to take papers in hand. In fact in New York (where McElderry, the process-server-turned-actor comes from), divorce papers and child support petitions must be served in person but there is no need to chase defendants around. It’s enough to personally confirm the identity of the defendant and to place the papers within Defendant’s reach where Defendant is physically present. Using tricks, deception, threats, harassment and stalking is totally unacceptable under New York laws and it can lead to sanctions against the litigant who hired the process server in New York City. So no smart process server in New York City will behave like McElderry does. Indeed under rules established by New York City laws, McElderry actions constitute harassment. The litigants whom he is allegedly serving, if it was true TV, can easily file charges against him and complaints for his antics and unprofessional conduct. But then again, let’s not forget:it is just a show. Probably even the alleged recipients of process are also paid actors too.

For those who have not been process servers and who enjoy the above shows, I must inform you the truth behind the industry. First of all process servers in New York and any other place in United States are trained to avoid hassles. When service of process is effected, there is very little talk between defendants and the person serving legal papers. In fact smart process servers tend to only ask the required basic information from the persons served: Name, military status, age, position and place of abode. So the real life process servers will quietly and politely just ask a few questions and leave the scene ASAP. If the respondent does not answer his questions, the process server will just leave. But McElderry won’t.

There is no such thing as a process server running after people who must be served. That does not work in this industry! If the process server meets an evasive defendant who chooses to argue or to run, the process server must not reciprocate. For elusive recipients, the process servers must just drop the court papers within the Defendant’s reach and LEAVE. If this is not an option, then the process server must use other steps to counter evasion of service such as a reporting it to the court (Affidavit of due diligence).

In summary the TV and film depictions of process servers doing unusual efforts to serve evasive or loud respondents are simply not a reflection of reality. Those antics are a far cry from what they taught me at my job as a process server at www.subpoenadelivery.com. So don’t believe that the above shows are good reality TV. They are just comedy attempts filled with actors intended to get you to laugh. Like the old saying goes: don’t believe everything you see in the Big Screen or the Little Screen.

22 Comments »

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  1. Thanks for pointing this out. I’m a process server in San Francisco and my friends, bless ‘em, keep asking if I wear costumes and chase people. I recently wrote an article for my own site about whether it’s even a good idea for process servers to wear disguises: http://www.ashservices.us/2010/06/are-disguises-useful-for-service-of-process/ It seems many process servers would agree that it’s unnecessary and even unprofessional.

    Comment by ASH Services — June 12, 2010 #

  2. [...] Worked Up and Serving Sara: Process Servers At Wrong Places [...]

    Pingback by Swiftwings Express LLC Process Servers and Legal Support | articles.com.mx — June 16, 2010 #

  3. I like your article about “All worked up”. Back in the early 90′s I served in the SF bay area. I DID have to run after one woman though, because she had tried every trick in the book to avoid service. So I was staked out across the street from her work one night and after her husband pointed her out to me as pulling in to the parking lot at work, I had to make a mad dash across the street and the length of the parking lot to catch her before she got into the building. My attorney service owner went in by vehicle so that if seeing me forced her back into her car, he’d be there. But she headed into the building and I caught her at the door. She had, in the past, tried things like driving her car into the garage of the house behind her and going out the back door of the garage and over the fence into her house, and a multitude of disguises including dressing as a male to avoid service. But in the end, I got her served and the service held up in a court challenge. That is the ONLY time I have had to run to catch someone. This woman was slick, but I was slicker. My boss’s comment was, “Dang, I didn’t know you could run that fast as big as you are!!”

    Comment by James Martin — July 5, 2010 #

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    Comment by Wordpress Themes — July 10, 2010 #

  6. Super post, tienen que marcarlo en Digg

    Bottomless

    Comment by Bottomless — July 25, 2010 #

  7. I am suing a former employer for non-payment of wages in Small Claims Court. A process server came to my door from him. I was so shocked I closed the door and did not open my door to the server. I thought he would leave the papers on the doorstep. He didn’t. What now?

    Comment by Gail — July 26, 2010 #

  8. 07/26/10
    To Gail:

    The process server will likely return another day for further attempts. If he does not find you, he will probably report it to the Court and/or affix the summons or notice at your door.

    It is always good to open your door to process servers because if you don’t you could end up with an unexpected default judgment. The process server’s function is to notify you that someone has a claim against you; therefore the process server is indirectly helping you by alerting so you can have a chance in Court to oppose the other party’s claims.

    Juan
    http://www.subpoenadelivery.com/

    Comment by Administrator — July 26, 2010 #

  9. This is probably one of the best mentions of this topic I’ve seen in quite a while. It’s obvious that your knowledge of the subject is deep and this made for a very interesting read.

    Comment by psp — December 12, 2010 #

  10. I can definitely relate to this topic especially. I am a process server in San Diego, California my business, eServe, can be located in the major areas throughout Southern California. This article struck me as funny because I completely agree with the ladder half referring to these movies and reality shows as being 99% acting and 1% actual process serving. If anyone wants information on what actual process serving is all about I’d be more than happy to help you. I can be contacted through my website http://www.processserversandiego.com Thank you.

    Comment by ntrillo — December 21, 2010 #

  11. їPuedo tomar obtener Foto de su blog?

    Boldy

    Comment by Boldy — December 22, 2010 #

  12. This guy is a joke — nothing he does is right. The whole thing should be on the comedy channel. His linked in shows the following:

    Byran McElderry’s Experience

    Owner
    The People Urban Films

    (Media Production industry)

    Comment by Barbara — December 28, 2010 #

  13. Great post man. Also the funny movie Pineapple Express that came out a couple years ago, has the pot smoking server (star of Knocked Up and Green Hornet movie coming out) that has to dress up in costumes and pretend he’s dead to serve a doctor! LOL!

    Seriously don’t people realize process servers get paid regardless if they serve the person or not. Pretty much every judge in the country just wants to see proper due process is done and if you try to serve someone three times on three differnt days and at three different times (usually morning, noon hour and after hours) the judge will be happy and so will your clients.

    Comment by Austin TX Process Server — February 3, 2011 #

  14. If Byron needs a hand on serving process court papers… reach me on my email, or @ facebook/Loco Morales/Brooklyn!!!!… I will get ‘er done with no problem…. I get along with anyone, but if attacked?? Ooooohh Baby… They Better Watch Out!!!… Remember… I’m From Brooklyn!!!…

    Comment by Loco Morales — February 22, 2011 #

  15. I believe that Byron and I would get along… Let’s show these FOOLS out there who does’nt do the right thing that we are Enforcers!!!.. Fagedaboudit!!! : p

    Comment by Loco Morales — February 22, 2011 #

  16. DEAR BYRON,I KNOW I AM MAN FOR THE JOB,TO ASSIST YOU WITH THE DUTIES AS A PROCESS SERVER, AS FATHER I WILL FOUND IT JOY SERVING DEADBEAT BABYDAD WHO DO NOT HAVE BALLS TO SUPPORT THEIR CHILDREN,I HAVE SOME MILITARY BACK GROUND AS IN THE U.S.MARINE CORPS I WAS TRAIN TO KEEP THE PEACE, I WAS ALSO TRAIN TO DO BATTLE WHEN PEACE DON,T WORK, SO MR. BYRON PLEASE HIT ME BACK SO I CAN DO WHAT I NEED TO DO.I,M GOOD AT FOUND PEOPLE AND THINGS,LOOK FORWARD WORKING WITH YOU, PEACE\.

    Comment by dee edwards — February 26, 2011 #

  17. I am a Process Server based out of San Diego and I thought this article was funny. Its crazy the way people judge servers. Its a job that must be done in order for the world to properly function. I mean do garbage men love smelling trash all day? For more information be sure to check out http://www.processserversandiego.com

    Comment by Nicholas Trillo — February 26, 2011 #

  18. hello i watch this all worked up show and i see all the stuff byron goes thru and i wanna know if he needs help servin pappers when stuff gets outta hand i wanna back him up get bak to meh

    Comment by charles dennison — February 28, 2011 #

  19. I am a Arkansas Process Server and I can’t believe that this is allowed on t.v. This is the same as when Dog the Bounty Hunter started. It gave Bail Bonding a bad name. I really hope this does not tarnish our image more than it already has. This is how strict laws come about not to mention the rouge servers that are out there. Do New York come to mind.

    Comment by Arkansas Process Server — May 28, 2011 #

  20. Thank you Byron is very unprofessional I have
    never passed judgment and understand that they
    are selling the show but they tell me that these
    papers need served to this guy by this time it isn’t my business to know whats going on just if they are violent and just give the papers and go never sit and chat or tell them how they are a bad person I cant watch it I change the channel in fact the only one I can watch is lizard lick
    its so fake…same with southern fried ???….its
    all rehearsed with actors that failed high school drama…

    Comment by Matt — August 16, 2011 #

  21. Indeed, Byron lends poor credibility to the business of process serving. I wish that the stereotype that he is promoting was rejected by the public in general, because he is not representative of process servers.

    Comment by Administrator — November 11, 2011 #

  22. I hate Byron. His presence and his voice are annoying.

    Comment by Mike — December 19, 2011 #

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