Get the best out of your process server and maximise your collection results

As a debt collector, it is inevitable that you will from time to time have to instruct a process server to effect the service of process. The effective service of process forms an integral part of the collection process.  If service is not effected in accordance with the rules for service, the litigation process cannot continue and this, in turn, will affect your ability to collect an outstanding debt. 

The Institute of Mercantile Agents (IMA) is an industry body that represents process servers, repossession agents, investigators and debt collectors. The IMA has created a best business practice guide (BBPG) for its process serving members, that outlines what the industry believes is best business practice with respect to receiving instructions.  A link to the full document can be found via this link:

The IMA’s BBPG outlines the following that should be included in any instructions from its clients:-

1. The individual/business [including the name, gender (if an individual) and address] required to be served

2. The documents which are required to be served

3. The method of service

4. The last date for service

5. Whether an Affidavit of Service is required to be drafted by the process server or will be prepared by the client based on the Agent’s report

6. In the event, the document is a subpoena or similar, the amount of conduct money to be tendered at the time of service

7. Any other information relevant to the service, including but not limited to:

a. Whether the process server might encounter any threat of violence  

b. Whether the individual is likely to be agitated or aggressive due to excessive alcohol or drug use   

In addition to the above, we recommend the following specific information be provided:-

  1. Any contact numbers known for the Defendant/s and the date and time the last contact was made on any known numbers. 
  2.  If during any conversation made, the Defendant/s confirmed his or her address and what that address was.
  3. Any photographs obtained from social media that may assist a process server to identify a Defendant/s.

In effect the more information you provide a process server, the better the chance of service being effected and if a Defendant/s is avoiding service, the better chance a process server has to manage the situation effectively.  Of course, if service cannot be effected in circumstances where a Defendant/s is avoiding service, your process server will be placed in a better position to provide evidence that may assist you to seek an Order for Substituted Service allowing you to get on with the collection process.

Author: Alex Caruana Senior Account Manager and Trainer

For those clients that already use DebtCol, you will be aware that you can customise your letter of instruction to your process server through customisable templates providing consistent, efficient and professional letters of instruction. Not using DebtCol, contact our friendly sales team who will provide you with an obligation free demonstration here.

What, you want me to give up my competitive edge?

In recent years our industry has undergone several changes. In some states revoking the need for commercial licenses, big mergers and changes in technology and the economy. How you choose to see these changes is up to you, but pretty much everyone has had to adapt in some way.

More than 1600 users log in to DebtCol daily, so when confronted with the buyer's concern “won’t I lose my competitive edge if I use your software?.” The answer is no. 

Now, without over trivialising this concern, would you decide not to use a telephone, just because your competitor was using it to communicate?

An extreme example I know, but often when I hear that objection, I draw parallels.

DebtCol provides tools for its users to perform more efficiently and at an optimum level. Our software unburdens the user from the heavy administration which, however laborious, is crucial to executing work effectively in our industry.

Every instance of DebtCol starts out the same. But different configurations of it allows it to serve vastly different functions.

Like words in a sentence, the order they are placed in will change the message. Or how the order of amino acids in a protein dictates whether the protein ends up being a receptor for insulin or being insulin itself.

It’s how you adapt the system that determines its outcomes. Just like a car and a lawn mower are made of the same materials such as metal, plastic and rubber. The car does not make a good driver and not all lawns are the same. The onus is on the operator.

DebtCol is not a novelty product it was designed to help collectors alike to perform at a higher level by acting as a resource, giving the collector the freedom to focus on key aspects of the job, by liberating them from being inundated by admin.

We do not force users to operate in a certain way; we create solutions for them to do their job more proficiently.

In the same way industry changes force us to adapt, the choice lies with you and how you choose to adapt a system to suit your unique way of doing business.

And THAT becomes your competitive edge.



Author: Sandy Barrett; Managing Director DebtCol Software

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