In an exclusive interview with Serve Vegas, founder Nicholas Ohlson discusses the role of process servers in the legal industry, based on his experience as a lawyer and the leader of a rapidly-growing company that provides process services.
What is the fundamental premise behind process services and what role are process servers?
It is constitutionally protected. You cannot deny someone their life, freedom or property without due process. Due process includes being notified. Process servers are responsible for notifying people of any lawsuits or complaints filed against them in our court system.
What are the most common issues that process servers get involved with?
We serve a lot of civil complaints. Many of them relate to divorce proceedings, tort cases and other things. Car accidents and premises liability are common. We help the public with small claims. When there is a dispute over a small claim and a complaint filed against a particular party, people contact us to serve this complaint.
There are also time constraints and other criteria which process servers have to meet. What are the restrictions?
The Federal Rules of Civil Procedure are the first. Anyone who is 18 or older and not a part of the case can serve documents. The court can appoint marshalls and deputy marshalls to serve the complaint. Nevada has its rules, the Nevada Rules of Civil Procedure. These are similar in some instances and different in others. You must be licensed in Nevada to charge a fee for serving documents. In many cases, a friend can serve documents on behalf of a client, as long as the friend does not charge a fee.
However, if the documents aren’t served correctly, it can cause a variety of problems. The general public is unaware of the very specific rules we must follow. There are deadlines that are set by law, such as the 120-day rule for serving a defendant after the complaint is filed. Also, there are guidelines and rules on how and who can be served. We are process servers that know the rules and have a good understanding of case law.
In essence, Rule 4 of Federal Rules of Civil Procedure regulates the service of process for federal claims and courts. Nevada closely follows those rules.
You cannot deny someone their life, freedom or property if they don’t receive due process.
What are the consequences, both under federal and state laws, if the process server does not meet the required criteria?
It could be malpractice if a plaintiff hires a lawyer who does not hire a servicer or makes no reasonable efforts to serve documents. If a complaint has not been served within 120 calendar days, an attorney could be sanctioned or even sued for failing to make reasonable efforts to employ a process-server and take the actions indicated to serve the defendant.
You said that knowing these rules and case law was important for being an effective Process Server. Do you have any other skills and competencies that would be useful in this role?
Being natives of Las Vegas has been a huge help. Most of my staff and I are locals, so we know a lot about the area. Las Vegas, for example, is a popular destination both within the United States as well as internationally. We host large conventions and have worked strategically with law firms to bring international defendants here.
We know, for example, that international vendors will be at CES with a booth. This allows us to serve them process knowing they will be there. We have served someone in Nevada twice, which creates jurisdiction, making Nevada courts more likely to hear the case. We are receiving phone calls from law firms and plaintiffs who have filed a complaint about someone that will be in attendance at the World Series of Poker. In the past, we have provided legal services to participants at the World Series of Poker.
Las Vegas is a popular destination for business conventions, but also for tourists. This has given us the opportunity to provide excellent service to our clients while they are in town. We are currently seeking service for a person who is attending the World Series of Poker. This individual is a low-level poker player, buying into smaller games. We are working with the plaintiff’s attorney and the plaintiff to make sure that this person gets served.
What are some of the obstacles that process servers may face?
Video doorbells are becoming more and more common in the current environment. Understanding the rules is important because we are being recorded when we enter the property. The courts seem to have understood our concerns, as service isn’t being challenged nearly as much in this area.
We confirm the residence of the defendant before we ring the video bell. Our approach to the door will determine whether we can serve documents successfully. They will confirm if we ask, “Is this Johnson’s residence”, and that helps us because we can serve documents at the defendants normal place of abode. Even if the person answering the video doorbell doesn’t want us to enter, by confirming they live there we can confirm that the defendant lives at that address.
Las Vegas is a popular destination for business conventions, as well as for tourists. This has placed us in an excellent position to provide them with the best service possible while they are here.
Then we explain to them who we are, what we do and if they refuse, we announce that we will drop-serve the documents to their door. It only happens if the client refuses to cooperate. But this is often what process servers encounter when they arrive.
We found COVID to be very challenging. We would wear our PPE, masks and ring the bell, then step back and try to calm people down. Our job was made more difficult because some people were severely affected by the pandemic. We learned from our mistakes and changed our approach. We can now check if someone is at home by looking for a car in their driveway. Then we can run the license plate number to determine if the vehicle is registered to them. This information can be included in our paperwork.
We can also run database searches to get their number. If we have tried to open a door multiple times and it’s clear that someone is at home, but does not want to answer the door, then we can use one of these database searches to call them. We can usually get the person to cooperate. We document our efforts in the affidavit we file with the court so that the court knows that we have made every reasonable effort to notify the defendant and make them aware of the complaint.
Process servers are faced with the biggest challenge of all: bad news. It is important to get people to cooperate while showing respect and understanding of their concerns.
What advice would you give to a process server who is less experienced?
Each jurisdiction will have its own rules. Understanding the rules will make a difference when it comes to properly serving the documents. The attorney will have a difficult time if they don’t understand the rules or aren’t able to serve the documents within the rules of the civil procedure.
It is important to get the documents delivered correctly the first time. Once someone is served, put on notice and becomes aware that they are a part of a case, you will be less likely to have the opportunity to serve them once again. People are often reluctant to accept bad news or to cooperate with someone who will make their lives difficult by filing a suit against them. This is why it’s important to know the rules of jurisdiction and to do the job right the first time.
It is also important to train a new Process Server on safety. I train my own process servers to follow the basic rules. We never enter someone’s house. We are often asked if we could come in, but it’s important that we don’t put ourselves into a vulnerable position.
Understanding the rules will make a difference to the proper service of documents.
We should also keep a distance in case the person becomes irate. Process servers are not attorneys and are rarely on the job. (I am one attorney who runs a business that serves process). Although people may ask us for legal advice on the doorstep, it is not our responsibility to do so.
Process servers should also keep their phone with them at all time. When I am the owner of a service company and I think that the defendant is dangerous (they have a criminal history, or they tell us that the plaintiff is hostile, which happens a lot during divorce cases), I send two people. It is important that someone new to the legal field prioritizes safety, and does not make the life of the paralegal or attorney more difficult. I don’t think one of these things is more important.
You have been in practice for a long time, has there been any major change in the field of process serving?
Clerks have begun to recognize other methods of service. We are increasingly seeing judges issue orders allowing social media platforms to be used for service. After we have conducted our due diligence, including contacting all of the defendant’s most likely assets, sending them emails and messages, and calling them, attorneys can get an order to serve defendants via Facebook Messenger. We’ve served documents this way. Email has also been used to deliver documents.
Our industry is changing the way we serve people. Every situation is unique. In family law, we see this more often. It is clear that the defendant has a social media account. We can only serve these documents on the judge’s order.
Nevada is also beginning to amend its rules. In 2019, rules were amended regarding the level of diligence required to serve someone by publication. If we have tried everything to locate a person and we are satisfied with the results, we can serve someone through publication. This is allowed in most states. We are beginning to notice in Nevada and other States that these alternative methods of service are now required as part of due diligence. This is certainly a new phenomenon.
Nicholas Ohlson
What was your first job in the legal and process service industry?
I was raised and born in Las Vegas, Nevada. I began attending classes at College of Southern Nevada in 2011 and found myself working at a law office filing paperwork. He was the one who paid me to clean up large files and file paperwork for large cases. He was the one who came up with the idea to start a company that would serve process. I had no idea what a service of process was.
Nevada is among the few states which require a person to have at least 4,000 hours experience in order to apply for a license. You will also need to provide your tax returns and W2s when you apply. You must also pass a test, and have a minimum amount of insurance. This is important because it took a long time to get the license. After completing my hours under the supervision of attorneys, I applied for the license.
After I completed my hours, the private investigation licensing board evaluated my application. I was able get my license, and grow my company. It was convenient to do the process serving while I went to school. I could serve documents in between classes, during odd hours, or between classes. During many years, I would either be in class or out running to serve documents. As I attended business classes at College of Southern Nevada I applied what I learned in these classes to my business.
Later, I went to the University of Nevada in Las Vegas and earned a Master’s Degree in Business Administration. I followed the same path: I studied business and business concepts while growing my business and hiring employees as the workload increased. I did not advertise or create a website. I only got work through referrals. My paralegals and lawyers, for whom I did good work, referred me to other colleagues in the industry. After my junior year in business school, I decided to attend law school. The same story continued.
My wife quit her job and came to work for me before I was accepted at Boyd School of Law, in 2018. I got married just before my acceptance. It was required that I take Civil Procedure in the first year of law school. This allowed me to learn more about how service of process works and the history behind it. As I started my business, I applied and implemented many of the civil procedure or criminal procedural law courses I had taken. In my first year at law school, I took a Law Practice Management class. I was able to implement and apply the principles I learned.
What motivates you to be successful for your clients and what is the motivation behind that?
Currently, I work on cases involving personal injuries. Some injury lawyers tend to prioritize the interests of healthcare providers. In many cases they work with healthcare providers, and this relationship may have existed for years. Some injury lawyers put the needs of the healthcare provider and their long-term relationships above their clients.
As an attorney, my belief is that the needs of my clients come first. They entrust their case to us because we are their legal counsel. It is possible that someone will be injured in an accident, and they may need to file a claim for tort once in their lives. However, attorneys can deal with their providers over many years. This creates the tendency to prioritize these relationships above a client’s interests. Despite this, I always put my clients first.
It is also important for me to give my clients the benefit of doubt and take into account that they have more than just their case.
What is your plan for the development of your firm and practice this year?
I’ve been running my business and going to school for the past decade. We work with some the best litigators and attorneys in Las Vegas. There is always work for us because we have a good reputation. We have been more profitable every year and are on track to do the same this year.
I passed the bar in July 2022 after graduating from law school. In 2023, I want to expand and develop my business of process service and do many other things that I haven’t done before. I’ve never had a working website or logo. I’ve never paid for advertising. I’m in the process now of tackling those things to take my business the next level.
After becoming a licensed lawyer, I can now work with attorneys that I have referred to them, and learn the trade from the best of the town. My position as an lawyer is a benefit because I have worked in the industry for over ten years. I know the best litigators in the business who get great results for their clients. Now I can work with them directly in areas such as family law, contract law, and business litigation.
In 2023, I will continue to build my brand and business while referring clients to other outstanding attorneys in our region.
Nicholas Ohlson is the founder of
9811 W. Charleston Boulevard, 2-732 Las Vegas, Nevada 89117, USA
Tel: +1 702-209-2140 | +1 702-609-0113
Nicholas Ohlsonis a founder, owner and operator at Serve Vegas. Nick Ohlson, a graduate of UNLV Business School, Boyd Law School and Nevada licensed attorney, has over 10 years experience in the field of legal process service. He has worked for some of Las Vegas’s most successful and largest law firms and served documents in high-profile lawsuits that resulted in eight-figure jury verdicts.
Serve Vegas, a Las Vegas based agency for process serving. The Serve Vegas team is known for their reliability and dedication. They go above and beyond the process serving by offering skip tracing and surveillance services, as well as other legal support to ensure that legal documents are correctly completed. Through its professional relationships and affiliates, the firm has a nationwide network that allows clients’ documents to be delivered anywhere in the US.