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Service of Process Presenters Kathy Fischer, El Dorado County Cheryl Pintar, El Dorado County Jim Crum, Los Angeles County Sandy Kilgore, Action Serv.

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Presentation on theme: "Service of Process Presenters Kathy Fischer, El Dorado County Cheryl Pintar, El Dorado County Jim Crum, Los Angeles County Sandy Kilgore, Action Serv."— Presentation transcript:

1

2 Service of Process

3 Presenters Kathy Fischer, El Dorado County Cheryl Pintar, El Dorado County Jim Crum, Los Angeles County Sandy Kilgore, Action Serv

4 TYPES OF SERVICE OF PROCESS PERSONAL SERVICE SUB-SERVICE SERVICE BY MAIL NOTICE OF RECEIPT

5 Early Intervention Pre-Service ■Case Opening ■Interview Process ■Early Intervention ■Locate

6 Considerations and Required Information ■Verified and valid service address ■Consider where service will occur? ✷ Residence, employer, public location ■Who will serve NCP? ■Complete Process of Service packet ■Delivering documents for Service ■Task LG004 ■Communication with vendor and completed Proof of Service

7 In-House Process Servers ■Challenges for In-House Process Servers ✷ Communications and Confidence ✷ Locate Instructions and Updates ✷ Prioritizing / Time Management ✷ Safety ✷ Weather ✷ Family members cooperation level ✷ Access

8 Benefits of Using In-House Process Servers ✷ Personal contact ✷ Local Representatives ✷ Knowledge of Child Support ✷ Cost Effectiveness Assessment

9 Benefits of Process Service Vendors ■Out of County Service ■Out of State Service ■Fees ■Challenges: Incomplete paperwork Communication

10 Managing Service ■Tracking Tools ■Communication ■Proper filing

11 Process Service Tracking Database

12 Questions?

13 Service Of Process ■Los Angeles County ■Jim Crum

14 Summons & Complaint ■S&C are E-Filed in court and CSE assigns the court case number ✷ S&C will not generate if the Non Custodial Parent (NCP) does not have valid address in CSE ■CSE automatically checks the Pre-Service notification box and initiates service 30 days after the S&C is generated ✷ If the box is un-checked service is sent to the vendor 15 days after the S&C is generated

15 Summons & Complaint ■CSE generates Action Needed Task LG035 to generate service instructions manually ■S&C’s requiring service are sent to EDP electronically via state website

16 EDP Legal Process EDP Legal Process Data Entry ■Opens file on TIFF and identify each document that is part of S&C packet ■Each document form is entered into the EDP Database ✷ Summons & Complaint or Supplemental Complaint Regarding Parental Obligation ✷ Judgment Regarding Parental Obligations ✷ Notice of Rights and Responsibilities ✷ Answer to Complaint or Supplemental Complaint Regarding Parental Obligations ✷ Income and Expense Declaration ✷ Medical Insurance Form This manual process is required, as the S&C packet received is not consistent

17 EDP Legal Process EDP Legal Process Preparing Service Documents ■Separate service packages into designated service areas ■Assign services in EDP database to assigned process servers ■Server signs transmittal acknowledging receipt of service of process ■Server completes service of process and returns packet to EDP ■Proof of service generated and sent back to assigned division

18 ■FS-DCSS-0203: Request for Service & Follow- up Instructions ■FS-EST-050: Personal Service Package for S&C ■FS-EST-052: Personal Service Package for Summons & Petition (UIFSA) Process Server Web-Based Solution Process Server Web-Based Solution Attachment A – Service Forms and Form Names No Form Changes Needed

19 Process Server Web-Based Solution Process Server Web-Based Solution Service Forms and Form Names Form Changes Needed ■FS-EST-057: Personal Service Package for Order to Show Cause Regarding Health Insurance ■FS-EST-058: Personal Service Package for Order to Show Cause Regarding Judgment or Modification ■FS-EST-059: Personal Service Package for Order to Show Cause to Compel for Genetic Test ■FS-EST-060: Personal Service Package for Order to Show Cause Regarding Case Consolidation

20 Cont.. ■FS-EST-061: Personal Service Package for Order to Show Cause ■FS-ENF-107: QDRO – Personal Service Package for Joinder of Employee Benefit Plan

21 LOW MODERATE HIGH Process Server Web-Based Solution Process Server Web-Based Solution Attachment C (Savings) Time in Minutes Service of Process Documents generated annually (estimated) Estimated Time for processing a single set of service documents manually Estimated Time for processing a single set of service documents via a web-based solution Estimated Time difference 228,000 264,000 300,000 101520 555 51015

22 LOW MODERATE HIGH Process Server Web-Based Solution Process Server Web-Based Solution Attachment C Time in Hours Estimated Time for processing service documents manually on an annual basis Estimated Time for processing a service documents via web- based solution on an annual basis Estimated Time Difference 38,00066,000 100,000 19,00022,000 25,000 19,000 44,000 75,000

23 Process Server Web-Based Solution Process Server Web-Based Solution Attachment C Cost in Dollars ■Cost of Worker Hour (based on estimates established by Project Management) ■Estimated Cost for processing service documents manually on an annual basis ■Estimated Cost for processing service documents via web-based solution on an annual basis ■Estimated Staffing Cost Savings for Processing service documents via “interface” ■Estimated printer toner costs annually ■Estimated paper cost annually ■Overall estimated savings LOW MODERATE HIGH $28.84$28.84$28.84 $1,095,920$1,903,440$2,884,000 $547,960$634,480$721,000 $547,960$1,268,960$2,163,000 $586,286$769,371$1,028,571 $820,800$1,077,120$1,440,000 $1,955,046$3,115,451$4,631,571

24 Troubleshooting Procedures for Process Servers

25 Troubleshooting Procedures for Process Servers Troubleshooting Procedures for Process Servers Page 2

26 E-Process Server Agreement E-Process Server Agreement DCSS 0646 Page 2 of 3

27 E-Process Server Agreement E-Process Server Agreement DCSS 0646 Page 1 of 3

28 E-Process Server Agreement E-Process Server Agreement DCSS 0646 Page 3 of 3

29 Confidentiality Statement Confidentiality Statement DCSS 0593

30 UNAX Certification UNAX Certification DCSS 0570

31 E-Process Server User Guide

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33 LCSA Process Server Agreement Instructions

34 LCSA Process Server Agreement Instructions LCSA Process Server Agreement Instructions Page 2

35 Process Server Link https://central.dcss.ca.gov/Pages/svcpktdownload.aspx

36 Request for Process Server Access

37 Views of a Process Service Company Sandy Kilgore, Owner of Action Serv

38 Process Serving 101 Discussion Topics ■How to become a Process Server ■How to serve without a license ■Training to be a Process Server ■What is it like in the field (Pineapple Express?!?) ■How to become a process server for County Child Support ■Leaning the talk of child support ■Successes vs. challenges serving County Child Support

39 How to become a Process Server How to serve without a license Requirements to become a Registered Process Server: 1. File certificate of Registration 2. Fingerprinted 3. Post a $2000 bond Exemptions to the above requirements : 1. Serve less than 10 services a year 2. Sheriff, marshal, constable, governmental employee acting in the course of his/her employment. 3. Attorney or his/her employee 4. Licensed private investigator or his/her employee 5. Professional copier

40 Training to be a Process Server Attend seminars through CALSPRO Paralegal courses through a community college Books?!? Trial and error Collaboration with colleagues in the industry

41 What is it like in the field? ■Process serving for private, civil litigation ■Process serving for Child Support

42 How to become a process server for County Child Support Bidding Process from a Process Server Perspective ■Types of Process Service companies or individuals ■Pros and cons of RFPs and the resulting effect on the process service company ■Process Server penalized for county information

43 Learning the talk ■Child Support talk (CP, NCP) ■Insurance talk ■Contract talk ■In-state talk ■Out-of-state talk ■Field talk

44 ■Successes vs. challenges ■Serving Local Child Support Agencies

45 General Work Flow for Process Service Company ■Receiving Services ■Internal Paperwork ■Issuing Services to process servers ■Recovering Paperwork ■Returning paperwork to County ■Billing private clientele vs. government

46 Receiving Services ■Paper Delivery vs. Electronic Delivery ■Two paper copies or one? ■Cover pages (how many cover pages should it take to identify where the service should be sent?) ■Time lost moving from office to office, department to department

47 Internal Paperwork ■Feedback on the County service worksheet ■The labor intensive process of tracking hundreds of documents all going to different places and people (paper, paper, who has the paper?)

48 Issuing Services to Process Servers ■Local Services vs. Outside contractors ■Challenges with other States ✷ Email ✷ Fax ✷ Snail mail

49 Recovering Paperwork ■Local Servers vs. Outside contractors

50 Returning Paperwork ■Tracking returning paper ■One cover sheet listing CSE number, court case number, NCP’s name

51 Billing ■To Individually invoice or not to individually invoice ■Cycle Billing vs. Pre-payment

52 Statistics ■Incoming volume ■Service Results ✷ Local ✷ Out of Area ■Service Results by Process Server

53 Opportunities for Collaboration ■The process server is often the first point of contact to the NCP ■Supplementary Information ■Routing NCP’s to LCSAs ■Talk between County and Process Serving companies

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