DGR recently had an article featured in the August 8th edition of the New Jersey Law Journal. This article focuses on the difference between the use of employees and independent contractors within process serving companies.
How To Choose a Professional Process Server – Why You Should Care
When it comes time to choose a Professional Process Server, you should be asking yourself an important question: am I using a company that has employees or uses independent contractors? According to the State of NJ Department of Labor at the Office of Management and Budget the primary criteria used in determining whether an individual receiving payment for services rendered is to be considered an employee or an independent contractor is whether the party for whom work is performed has the right to direct and control the way in which that person works, both as to final results and as to the detail of when, where, and how the work is to be done. When utilizing a process server who uses independent contractors how can one reasonably expect to be able to dictate to them specific instructions such as the last date to serve?
Given the importance of your case at hand and the documents which you need to be served, it is important to realize the benefit of using an employee based company such as DGR – THE Source for Legal Support. As a leader in professional process service in New Jersey and around the globe, DGR prides itself on having highly trained employees in New Jersey whereas most other companies utilize independent contractors. All of our employees are given your specific instructions for service such as the last date to serve and when service is to be completed (such as same day, next day or routine service). Companies who use independent contractors cannot dictate when, where or how a service is to be completed since they do not have trained employees in the field.
The difference is especially critical, as training ensures proper service and affidavits that will hold up in court, eliminating the risk of a case being dismissed with a need to start all over from the beginning due to improper service. Recent news regarding sewer service has involved independent contractors in every single case. In over 30 years in the process service industry, DGR has yet to have a service challenged in court which has not stood up, something you should come to expect from your current process server.
Another important point surrounding the use of independent contractors is insurance and liability. When you use a company that doesn’t have employees, there is no guarantee that their independent contractors are covered under that company’s insurance or have insurance of their own. DGR’s own insurance policy covers its employees for up to $2 million in errors and omissions. This is especially important in the case of potentially improper service, the possibility of which rises with the inability to dictate to servers specific instructions.
At DGR – THE Source for Legal Support, our employees receive detailed instructions for each service that comes through our door, making sure service is complete according to our clients’ specifications. Our three day average turn around and 98% success rate for services with the correct address are a direct result of our consistent efforts and commitment to excellence. With laptops and access to our proprietary database our servers are constantly updating services, keeping you up to date at all times. Our state of the art systems can even notify you via email upon completion of a service. With your secured login, you can utilize our website and place orders, access your files and retrieve copies of notarized affidavits of service or due diligence reports, and pay invoices or review billings on individual files. If your firm requires or needs additional assistance, DGR has the ability to share data files to eliminate the need to access our web site and have all your information right within your office software system. Just ask about our DGR Data Exchange Program!
Next time you order service of process, please remember who will be handling your work. Selecting the appropriate process service company not only brings peace of mind knowing they are thoroughly trained and covered by insurance, but can also increase cost savings when each service is completed correctly the first time. At DGR you can be assured you will receive all of these important benefits and more, resulting in reliable, effective process service with every case just by calling 1-800-326-0404.
