Purpose

Compassionate Service will define situations when service may be legal but EZ Messenger will not proceed with service for moral, ethical or other reasons. 

Responsibilities

All employees and process servers of EZ Messenger are required to adhere to this policy. Failure to adhere to this policy may result in disciplinary action, per EZ Messenger’s Employee and Process Server manual. 

Escalation Point of Contact

Director of Compliance

Policy

This Compassionate Service Policy will prohibit service of process (attempts) under the following scenarios:  

1. Weather/Catastrophe. This includes man made events as well as acts of nature.

2. Health. EZM will refrain from attempts on an individual potentially unfit for understanding or processing the implications of the legal delivery of their documents. This will include service at hospitals, nursing homes or other care facilities.

3.1 State of Minnesota - MINN. STAT. 645.44 (2017)

1. Christopher Columbus Day

2. Martin Luther King’s Birthday

3. President’s Day

4. Washington and Lincoln’s Birthday

5. Veteran’s Day

3.2 State of Wisconsin- Legal Holidays 230.05, 995.29 & 801.15 (page 18)

Holidays that fall on a Sunday, the next day, Monday, is regarded as the holiday) (If your clerk of courts is closed on a weekday that is not a holiday listed above, that day will count in your time computation unless it is the last day. This would include a holiday that falls on a Saturday and your county recognizes Friday as the holiday.

4. Dangerous Address. If a danger presents itself (violence/threats) EZM will not proceed with attempts and recommend service by constable/sheriff.

Exceptions and Exclusions

Vendor support should be notified if you pre-arrange a meeting with a servee on these day(s).

TX OAG is excluded from this policy in its entirety. Ref. CC # SOPX-1600665-2018-0039-001.

EZ Knock is excluded from this policy in its entirety.

Testing

EZ Messenger will produce testing documents for this policy.All employees and process servers responsible for this Policy will be tested with continued testing scheduled no less than semi-annually.  

References and Resources

EZ Messenger’s Employee Manual

Process Server Manual

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If your inventory is impacted by a Compassionate Hold, you will receive an email notifying you that jobs have been pulled. The jobs will be reassigned to you when the hold is lifted. ***PLEASE MAKE SURE YOU CHECK YOUR CURRENT INVENTORY PRIOR TO RESUMING ATTEMPTS, CONFIRM THE JOB(S) HAVE BEEN ASSIGNED BACK TO YOU*** Once the hold is lifted, you may proceed with attempts as normal. Some clients elect to not participate in this process (the Texas Attorney General for example), those jobs will remain in your inventory and you are able to make attempts if you choose.