Our last article we talked about the best way to go about being safe when serving. Such information is valuable when applied. Roland Investigations understands there is yet another issue at stake when it comes to process servers – recording. Recording while serving can prove very beneficial and in one’s favor if ever there comes to be allegations against you for something you did or did not do. Having proof of what happened is the best thing you can have. So, what are the benefits of recording? And what must be taken into consideration before going about this?
There is a case that has now been officially closed since September of this year. Although it began in 2013 with process server Stephen Hartman. He was on his 3rd attempt to serve papers to Judge Walker since the other two didn’t work out so well… one ending in the Judge pulling a gun on him and the other with uncooperative staff in his office. So, the only choice left was to serve him in a public place such as his courtroom. Upon doing so in a proper manner he was illegally arrested with false stories to support the allegations against him. His only saving grace was the fact that he had recorded the whole thing with a fountain pen in his front suit pocket.
In the same line of thought, recording can be a valuable tool in helping you to stay safe from a legal standpoint. Otherwise it becomes a “he said, she said” battle or worst yet, like in the case of Hartman, a collaboration of a false story against you. Whatever the case maybe there can only be one truth. As much as we may dislike it, we as people don’t always remember something correctly or upon hearing the story of another, we may change ours unknowingly. However, the camera doesn’t lie. It is what it is in black and white or if you have it, in color. Another question then comes into play: Should it be video and audio?
There are a few things to take into consideration upon deciding that you want to record the serves you embark on. One must look into the laws regarding recording. Video recording without audio is generally accepted with a few exceptions. But recording with audio has different views depending on the state that you like in. Some states require that you get consent from both parties to do so while other states only require consent from one party. If you happen to be one of the parties, then there is no problem whatsoever. Before going about recoding with audio, make sure to read up on the laws of your state.
Roland Investigations understands the risk that is involved with being a process server. Safety when it comes to your physical life is important. Ensuring you’re safe legally is also important because that interferes with how you will live your life. Your recording could be the difference between living free or behind bars. Roland Investigations has a comprehensive group of certified professionals to help you with all your legal needs. If you need papers served, call us today! We always preform our work in a safe manner both physically and legally.
By James D. Roland 12-20-2017
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