What thoughts roll
through your mind when you are out serving process? Most of us are concerned with providing quality service, which
will keep our clients or our bosses happy. We also spend a good deal of time
agonizing over such things as rush deadlines, payrolls, association issues,
legislative problems and the few dollars the government is kind enough to let
us keep. Our focus also drifts to family issues, such as tuition payments,
orthodontist bills, sick relatives and more.
With the distractions of everyday life constantly bombarding us, how
often do we stop and think about our personal safety while in the field?
Consider that process
servers, as the professional bearers of bad news, often see people at their worst. With divorce papers we let them know that
relationships are really over. We tell
them that they will be evicted from their homes. We inform them when attachments have taken control of their bank
accounts and real estate. With
guardianship papers, we even tell them that they no longer control their very
lives. Consequently, the possibility
exists that we will find ourselves subjected to their tempers, tears, outrage,
fears and hysteria.
Everyone who has worked
in the field has war stories where their safety was in jeopardy. Some of mine include being assaulted by a
millionaire and his bodyguard and seizing a .22 magnum rifle from the bedside
of a snoring crack dealer before waking and reminding him at gunpoint that it
was moving day. A more tragic episode
involved service of some domestic abuse retraining orders. Although the defendant seemed like a nice enough guy, he promptly
violated the court’s order, kidnapped his estranged wife and took her on a
terror drive to Boston’s suburbs. He
ended his tirade by firing a bullet into her head and dumping her body into
some roadside shrubs. He traveled a
half-mile further down the road, pulled over and blew his own brains across his
dashboard.
Miraculously, the woman
was discovered in time. Although she is currently wheelchair bound, she
survived the shooting and is doing fine.
But it clearly illustrates the point… we never know when the papers we
are serving will push someone beyond their limit and provoke a violent
response.
No, we don’t know what
goes on behind closed doors or inside a person’s mind. However, we can
significantly increase our personal safety by utilizing common sense,
observation and some tactical thinking.
KNOW WHAT YOU ARE
SERVING
It’s possible to minimize
the risk of a violent encounter before you even leave the office. Take a moment and look over the documents
you plan to serve. What are they? If
they are subpoenas for records going to doctor’s offices or insurance
companies, chances are you’ll be OK.
However, if a Housing Court complaint says a tenant will be evicted for
having a bad attitude in general and throwing battery acid at anyone who knocks
at his door, this could be a hint that extra caution might be in order.
KNOW WHERE YOU ARE
When in the field, it is important
for you to know where you are at all times.
If you ever need to use a radio or cell phone to summon the police or
any other type of assistance, the first question the dispatcher will ask is
“Where are you?” If you can’t answer
correctly, your chances of getting the help you need in a timely fashion are
pretty slim.
BE AWARE OF YOUR
SURROUNDINGS
Think tactically when
approaching buildings. Try not to park
where you can be easily blocked in, or directly under windows from which
unhappy people can drop things on you. (During one
of Boston’s infamous forced-bussing riots in the mid-seventies, a full-sized
refrigerator was dropped from a housing project rooftop onto an ambulance that
was parked too close to the building. Oops!)
If you are entering an apartment building, use caution
stepping inside. Particularly in colder weather when street people need to go
someplace to warm up. There’s no need
to barge into a hallway and panic anyone who might be hanging about or engaging
in illegal activity inside. When going
upstairs, you should certainly watch your step, but don’t forget to glance up
to the next landing to be sure no welcoming committee awaits. If you have multiple services in the same
building, consider starting at the top floor and working your way down and out
of the building.
When you’ve arrived at
the unit door, stand off to the doorknob side and knock. You are much less
exposed there and anyone answering the door must open it wider and step out to
look for you. Conversely, if you stand
on the hinge side, the person answering can see you by simply cracking the door
a bit.
NEVER ENTER
SOMEONE’S APARTMENT
Unless you are performing
an eviction or are otherwise required to enter premises, don’t ever enter an
occupied apartment. What if Hannibal
the Cannibal was late with his rent and you happened to show up around
dinnertime to serve him with a Notice to Quit?
If you agree to step inside his apartment because he was embarrassed
that neighbors might hear his business, you could wind up being served… as an entrée!
TAKE THREATS
SERIOUSLY
If someone makes a threat
from behind a closed door, you can’t afford not to take the person seriously
and take precautions. In 1994, the late
Bernie Witten, a Boston Constable and former NAPPS member, took a crew to an
apartment to levy on an execution for eviction. The defendant refused to open the door, but threatened to blow up
the building and kill the constables if they didn’t leave. Upon catching a whiff of petroleum, Bernie
backed off and called the cavalry. I
addition to the police, the fire department, EMS and the bomb disposal team
also responded. When attempts at
talking to the occupant and all else failed, they stormed the unit, subdued and
arrested him. Not only was he found to
have several cigarette lighters on his person, but gasoline-soaked mattresses
were strategically placed in rooms throughout the apartment. In addition, at least six gallon bottles
filled with gasoline and fitted with cloth wicks were also found. It was later learned that the man, had an
extensive psychiatric history and no sense of humor. He wasn’t kidding!
STAY OUT OF
“PERSONAL SPACE”
When approaching a person
to be served, try to avoid invading their personal space. Although this is normally considered to be
an arm’s length, a person under a great deal of stress may require more. Looking a person in the eyes is fine, but
their eyes can’t hurt you! Instead,
keep an eye on their hands. A clenched
fist is a textbook sign of aggression and perhaps an impending assault. A fist you haven’t seen open might be hiding
a weapon, even if it’s only pepper, sand or some other substance to throw into
your eyes.
A professional attitude
and a calm, steady, matter-of-fact voice will do much to lessen a person’s
anxiety, which could lead to violence.
WHAT ABOUT
WEAPONS?
The decision to carry a
weapon, whether lethal (firearm) or non-lethal (pepper
spray or an impact weapon), is a very personal matter. Keep in mind that if you use a weapon to
defend yourself in the field, you can expect to defend yourself again in
court. To ensure you can do so
successfully, consider the following:
·
Be sure you have any license or permit
which may be required for you to lawfully carry the weapon.
·
Take a training course from a reputable
school or agency that is recognized in your city or state. Be sure the agency certifies their
training. Keep copies of any such
certificates and keep them current with any required recertification.
·
Practice with the weapon as often as
possible and document all training and practice sessions. Remember that if you aren’t proficient and
comfortable with the weapon, it will be a liability instead of protection.
·
If you are an employee, be sure your
employer allows you to carry weapons while working for them. Be sure the particular weapon you carry is
“employer-sanctioned.” Also, if the
employer has written policies and procedures concerning the carrying of
weapons, use of force, training, and so on, be sure to obtain a copy, learn the
policies and follow them. Take
advantage of any company-sponsored training.
·
If you are self-employed, consider
preparing a written policies and procedures manual that addresses the carrying
and use of weapons, use of force and training.
Follow these policies so you have something to show in court should the
need arise.
·
If you must use force and are required to
use a weapon to defend yourself, be careful to use the weapon in the manner in
which you were trained and in accordance with any applicable policies and
procedures. (For example, if you are trained &
certified to use a collapsible baton, be sure to strike an attacker only in
“sanctioned” areas. If you split the
attacker’s head open, but weren’t trained to strike someone in the head, you
could be found to have used the weapon negligently and in a manner not
consistent with accepted practices and the way in which you were trained.)
·
Assuming you have had to use a weapon
along with the appropriate level of force to stop a person from causing you
serious bodily harm or death. When the
threat has been neutralized, you must call for help and render the appropriate
first aid to prevent your attacker from suffering any additional injury or
death.
·
Check any professional liability
insurance you carry to be sure it covers weapons, assault, and related
matters. If you do not have coverage,
get some!
AVOID COMPLACENCY
Just because the last hundred services were uneventful
doesn’t mean the next one will be. Now I don’t mean to suggest that you become
paranoid and look for hidden attackers in every hallway! Instead, focus on what you’re doing when in
the field and try to avoid being distracted by the dozens of other things
happening in your life. Staying alert is the key to maximizing safety in this
confrontational profession of ours.
My personal belief is that no service assignment is
worth anyone getting hurt or killed over.
Whether you agree or not is up to you.
But I’m reminded of “Hill Street Blues,” the television series from
fifteen or more years ago? I always
loved how the crusty but paternal station Sergeant wrapped up each roll call
before turning the officers out onto the street: “Hey! Let’s be careful out there!”
Joe Butler has been a NAPPS member since
1994. He currently serves as NAPPS’
First Vice President and Editor of The Docket Sheet. Before entering the wonderful world of process service, he worked
in Emergency Medical Services and as a member of a Crisis Intervention Team in
a secure psychiatric facility. Joe can
be reached at (800) 477-5445 or via email at: bostonpi@msn.com.
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