Process serving is the act of giving a copy of the court documents to a named defendant or respondent in a lawsuit. In order for any case to progress in Oklahoma courts, proper service of process must be obtained. Service is accepted by most defendants without problems. However, some defendants go out of their way to beat the court.
They stay in hotels using pseudonyms or ask the hotel workers to deny them. Hotels can pose a challenge to process servers, as front desk personnel are not always able to provide information on guests. Oklahoma City process servers know and have creative and legal approaches in the field. One of the tactics is finding and serving evasive defendants who are in hotels. In this guide we will be presenting 6 of those tactics along with how they function in the field. It also includes information on process servants’ duties and what they should never do on a hotel assignment.
Hotels are a natural haven for fugitives of justice because of several reasons.
There are a number of practical advantages that hotels provide evasive defendants. With cash payments, check-in is anonymous at most properties. The more often the child moves rooms, the more difficult it is to keep track of that child. Hotel staff train themselves to maintain a defendant’s privacy, creating a natural barrier between the process server and the defendant.
Check into a hotel to avoid service is a defense available to a defendant against a civil lawsuit and/or a criminal subpoena. Popular hiding places include Norman, Oklahoma, and Oklahoma City hotels. They are aware that their home address is not confidential. It’s more difficult for a process server to keep up with a hotel stay in real time.
It’s a common occurrence for Oklahoma process servers to get a hotel assignment. This is a common issue for OKC domestic relations and debt collection attorneys. Defendants relocate to known addresses and check in to extended-stay hotels/motels.
Before the hotel service provider attempts skip tracing, an Oklahoma City private investigator can help. Skip tracing verifies the defendant’s current location based on address history, credit checks, utilities, and social media information. That affirmation will conserve time and will avoid wrong property visits.
Every Process Server must follow these Legal Boundaries.
To understand the tactics, it is important that the process server in OKC knows what he or she can’t do. There are some field techniques that are more of a violation of law and ethics than just a typical process server should go.
It is illegal for a process server to pretend to be a law enforcement officer. It is a crime for someone to lie and say that they are a police officer or federal agent so that they can enter a hotel room. Oklahoma Title 21, Section 1533 prohibits that type of impersonation.
Process servers cannot enter a hotel room without the occupant’s permission. Rooms are private areas. Entering without permission is trespassing, even if the door is propped open.
Without authorization, the process server is not able to get to the hotel’s guest database, computer system, or room assignment records. It is illegal to access those systems, as well as a violation of state computer crime law.
A process server faces criminal liability when deception crosses the line into fraud. Including fake credentials, fake uniforms and fake official documents are all forms of fraud. It can also be grounds for annulling the service altogether in court.
A good process server Norman OK, works via observation, patience, creative positioning and lawful interaction. The 6 tactics below are definitely within those legal lines.
Tactic 1: Ask Front Desk Directly – With the Right Approach
The easiest and most neglected is the simplest. A OKC process server approaches the front desk and makes an honest disclosure of identity. They then request help in finding a guest.
Many process servers don’t bother doing this because they assume that the hotel employees will balk at it. In many cases, this is a false assumption. Often hotel managers and front desk supervisors work with a licensed process server who has the proper credentials and a document issued by the court.
It’s all in the technique. When the process server is well-dressed and carries proper credentials, he or she is likely to receive cooperation. The ability to display the actual court document and explain what that is for in the legal world will impress the audience.
With hotel policy, desk staff are unable to share room numbers at all times. However, they can check whether a named guest is registered. They can also call the room and request the guest come to the lobby. When staff make that call, the defendant moves from the room to a common area where service is permissible.
Norman, Oklahoma process servers will always present a copy of the summons or subpoena when coming across the front desk personnel. Having the actual court document will prove the legality of the request. This transparency is a huge trust and cooperation enabler.
Tactic 2 – Delivery Disguise, asking for the Room Number
One of the traditional field methods is to check in at the hotel as a restaurant delivery boy. The process server comes to the front desk and informs them he or she has a service to deliver to the guest. It’s the same with the internal phone number from the hotel.
The server asks the desk whether the room number is correct or requests that they call the guest down to collect his/her order. Many inns will telephone the visitor to advise them of the arrival of their delivery. The defendant then enters the lobby or hallway, and the server completes service.
This is because it puts the defendant in a situation he does not know is an attempt to serve. If a defendant has avoided process servers, he or she is going to receive unwelcome visitors who look the part. The defendant never expects a delivery person to serve them.
The process server doesn’t have to physically transport food. The server must convey the scenario in a way that will encourage a room call. The server only needs confirmation that the guest is present to proceed.
Oklahoma City private investigators often resort to this method of delivery when working on hotel cases. Easy to do, low cost, and effective. This is a particularly effective tactic as there is prior skip-tracing work which shows the defendant’s presence at the property.
An important note: A process server cannot state that he or she is an employee of a particular delivery company. Use of a named brand employee name makes the caller vulnerable to legal liability if he or she impersonates such an employee. It’s safer and just as effective to show up as a general delivery courier.
Tactic 3: Attire yourself as Hotel Housekeeping Staff.
The housekeeping disguise is one of the best methods to find a defendant in the hotel. In Edmond, Oklahoma, a process server wears the plain clothes associated with housekeeping and fits right in with the ambiance of the hotel. A cleaning cart complements the attire while maintaining no suspicion.
When the housekeeping staff passes around the hallways, hotel guests hardly notice. A person dressed this way can identify the defendant’s room by watching which door the defendant enters or exits. They can also without attracting attention find the right floor and wing of the hotel.
The service takes place in the hall. At the time the defendant opens the door, the process server identifies himself/herself. Then they give the court papers and serve! The disguise was merely the way of approach so as to ascertain the room.
Oklahoma City process servers who do this do not enter the room of the hotel. The disguise is to identify and place , NOT to gain unauthorized access. Entering without authorization turns the act into a crime rather than a tactic.
The key is the timing with this. The best time for service is early morning. Hideouts are still sleeping in the mornings between 7-9 AM. A housekeeping knock at that hour gives the server a distinct advantage, as it is a natural knock that guests expect at that time.
Tactic 4: Have a Server Standing in the Hotel Lobby, Waiting
One of the biggest tools that a process server has in his or her field kit is patience. Having a server in the lobby of a hotel can create a successful service. At no stage do you have to mask it up or be creative.
All guests of the hotel will have to pass through the lobby at some point. They go to check in, check out, take breakfast, go to their car or go out for the day. With a picture of the defendant on the skip tracing report, a process server in Norman OK can find the defendant immediately. Often this picture is a result of a private investigator’s background check.
Clean, simple and legally unambiguous lobby service. The server goes to the defendant in a public common area and identifies him/herself. They describe what kinds of papers they are, and provide service immediately. No disguise required.
Time is the challenge. A process server may spend one day or several days on hotel lobby surveillance. With challenging hotel cases, the process server in OKC is adding this time to the assignment fee. When the defendant lives a fast-moving lifestyle, the client should expect this investment to guarantee service.
Sometimes a private detective in Oklahoma City will join in monitoring lobby surveillance on a complex hotel case. A pair of eyes sees more than one server on his own. For larger hotel properties, all entry points, elevator spaces, and restaurant exits require monitoring.
Tactic 5: Take care before arrival with Hotel Management
An Oklahoma City process server of the court doesn’t always have to skirt around hotel personnel , he/she can work with them. It’s a proper and effective way for coordinating directly with hotel management prior to reaching the hotel.
Most hotels have a GM and/or security manager available. That individual may provide aid to the police and/or legitimate law enforcement personnel or legal services providers. When a process server calls ahead and explains the legal situation, he or she can get a willing ally. Hotel security managers respond well to professional, credentialed outreach.
The manager can agree to call the defendant’s room, on the server’s behalf. A common and effective method is for the defendant to come to the front desk for a package. That call sees the defendant come out without having to confront or disguise himself.
Some hotel managers will give the room number to the licensed process server. With the proper credentials and a court document, that will be much more likely to happen. Nothing prevents Oklahoma from a hotel voluntarily offering this information to a licensed process server.
Edmond, Oklahoma process servers that have a relationship with extended stay managers can reap long-term benefits. That access is rewarded on all subsequent assignments at that property. Reputation & professionalism can open doors that creative tactics can’t.
Tactic 6 – Skip Tracing: Room Before You Go
The best process servers OKC has to offer don’t guess; they confirm! Using skip tracing to locate a defendant’s hotel prior to serving a defendant saves trips and failed attempts.
Skip tracing is the act of finding a person through the use of public records, database searches, and field intelligence. A private investigator from Norman Oklahoma will do a hotel skip trace, which includes checking credit card records and “check-in” with the hotel loyalty programs. Social media location tags and vehicle records provide location assistance.
After confirming the hotel, the process server can add a second skip tracing layer. That layer is useful in particular to narrow down to a particular room. Checking the known aliases and travel history of the defendants will enable the identification of the check in date. Credit activity can also reveal clues about the expected checkout time.
When a process server near me has confirmed intelligence, that’s a process server ahead of the rest. Knowing the property name, approximate floor, and check-in date makes all the difference. This preparation results in quicker service and fewer aborts.
Process Servers in Oklahoma City and Private Investigators often perform a variety of tasks together when it comes to complicated hotel jobs. Skip Tracing/Surveillance is the responsibility of the Investigator. The process server handles the approach and completion of service. This division of roles is the most effective on hard cases.
What is the follow-up of the Hotel Service?
Hotel service signing follows the same procedure as any other service assignment, and the server must complete the proper legal paperwork. The process server completes an affidavit of service immediately after making service.
The affidavit of service should contain the defendant’s name, hotel address, date, and time of service. The server must also list the person served and the manner of service, and sign the affidavit under oath.
Oklahoma courts require this Affidavit to prove that service was valid. The server files the Affidavit with the court clerk to close the service loop. The case can then move on to setting hearings and entering judgments.
The Oklahoma City process server explains the legal avenue through which the handover took place when using a creative positioning approach. Positioning in disguise is not a legal means of service. The disguise used for positioning has no bearing on the method of service itself. The method of service is by handover in the hallway/lobby.
Legally, there’s a difference between the two. If the affidavit is not clear, then it may be attacked by opposing counsel as to the method of service. A detailed affidavit that is accurate, will ensure the service is valid and avoid challenges in court.
There are a few questions that frequently come up when serving defendants in hotels.
Is it legal to serve someone in an Oklahoma hotel?
Yes. In Oklahoma, a server can serve a person wherever he or she is physically located. Hotels and motels are legal service premises in Oklahoma. The process server cannot enter a private room without the consent of the person to be served.
Is it legal for a hotel to tell a guest the number of his room?
There are no laws prohibiting hotels from providing information to a licensed process server. Hotel policy , not state law , typically restricts front desk disclosures. Going directly to management yields better results than asking the front desk staff alone.
What if the defendant doesn’t accept the documents?
The defendant has no right to refuse service; refusal does not stop service from being completed. An OKC process server can hand the papers to the defendant or leave them at his/her feet or in his/her presence after announcing the service. This action is a proper service under the law in Oklahoma.
Can a process server be arrested because he or she wore a disguise?
A process server does not face arrest for using a disguise as a positioning tool. The disguise will not include pretending to be a law enforcement officer or perpetrating fraud. A disguise cannot include fake credentials or fake uniforms that project official authority or any deception that rises to criminal fraud.
Collaborate with Oklahoma City’s Best Process Servers for Hard Cases
Serving evasive defendants in hotels takes experience, creativity and a good knowledge of the law. The six tactics in this guide are the top tactics of seasoned process servers from all over the region. Process servers use front desk requests, delivery approaches, housekeeping disguises, lobby surveillance, management coordination and skip tracing across all these methods. Process servers in OKC daily, as well as in both Edmond OK and Norman Oklahoma, use these methods.
Our process servers and private investigators at OJPS Legal are legally savvy and have field-tested skills to complete challenging process serving assignments. We will provide defendants lodging in hotels, workplaces, care facilities and anywhere else your case demands.
To discuss your assignment today, please call us at (405) 593-3515 or e-mail us info@ojpslegal.com.
