If you will send some news or a story about yourself and the work you do we would be pleased to publish it in our printed directory newsletter, Red Tape, and here on our web site. We have five such stories and we are very happy to publish them to the World Wide Web at this time. What better way to get to know each other. As a directory service it is our intention to connect all of you in a more personal way.
If you are searching for more information on process servers or are becoming a legal support service company these biographies may be of help to you.
Biography of a Process Server:By Leo Sabulsky,Chetwynd and Area Document Service
Chetwynd and Area Document Service located in Chetwynd, BC.Chetwynd has a population of about 3,000 people inside the District and about 5,000 people in the surrounding areas. I am a District teacher in charge of aboriginal education, the community radio and television station and I am also the volunteer Fire Chief. I started serving documents in about 1986 when the Sherriff Service needed extra help. I was on summer break and thought, "What the Hell, I can do it." Many of the people are friends or aquaintances. Some are not. Some of the people I serve are vagabonds who wonder into town and look for a place to light for a while. Some are drug dealers and criminals, while many are just ordinary folk in dispute with other ordinary folk.
Our area is still frontier and many people are fiercely independent, tough as nails and moved here to get away from bureaucrats, lawyers and civil actions. Sometimes people hide. Sometimes people are just miserable cusses and want to shoot the messenge: caution has to be used and diplomacy kept in store in large quantities all the time.
Serving documents can be an adventure. One day I was coming home from a fishing trip with the kids and noticed smoke coming from the chimney of a fellow whom I had been chasing for days. I had the document with me so I just pulled in and went to the door. My kids, aged 4, 7 and 9 were watching the house and sparks were coming out of the chimney. They started yelling, "Dad, Dad, the house is on fire!" After five shouts, the fellow ran from the house. I served the bugger on the spot and then helped him put the fire out.
A few years ago two farmers fought over a fence line. One would move his fence a few feet and then the other would move it back. A Black Angus bull was turned into a dairy herd and then the legal wrangling really heated up.
I was dispatched repeatedly to serve the parties in rotation. Back and forth, to and fro, and the children at each home started calling me 'Uncle' as service after service became routine. Both wives smiled and waved as I approached saying, "Is the fight over yet?
"Will I continue to process serve on the frontier? Why not? Where can you wake in the morning wondering what adventures behold you today?
I have many more stories from the woman who held me at bay with a broom to some Dobermans I hung up on a clothesline. One time my dog mated with another dog while I served its owner and another frightening time I walked into a large grow operation.
When a lawyer dispatches a document, he or she really doesn't know what the hell can happen and I can testify to that.
If you have a moment, tune in and hear me on 94.5CHETFM on streaming audio on Wednesday evenings and at chetradio.com on the Internet from 9:00 to 11:00 in the evening. As I told Glen Stasiuk of Stasiuk Law Corporation who sponsors the show, "We don't play any sappy music on Leo & Friends".
The Bailiff - Feature Article on this Legal Support Service
In this edition of Red Tape we want to give credit to the bailiff whose work is most difficult and complex. In spite of this important legal support work, a necessary part of our legal system, one seldom hears of the good work many bailiffs must do to complete the legal process. To this end we wanted to pay tribute to the bailiff and the multi-faceted side of his work in the past and today. First some history and then on to an excellent personal view of the bailiff’s profession, touched with a sense of humour from one company listed in our directory.
History of the Bailiff
In English history the landlord of a franchise did not get involved in the daily administration of his manor or town; he appointed officials to undertake duties such as collection of gable rents or supervision of services due him from his tenants. He would select a tenant to exercise the office of reeve, from the Anglo-Saxon gerefa. The medieval "sheriff" was simply the king’s shire-reeve. The first administrative officers we find in English towns were thus reeves. Or he might employ a man to act as the bailiff for his estates.
In the first centuries after the Conquest they are usually referred to by their Latin name
prepositus or provost meaning leading man. They presided over the folkmoot or the folk. After self-government was acquired, the term ballivus, implying jurisdiction over a certain area or balliwick, or bailiff, gradually came to be preferred. In most towns one or more bailiffs acted as executive officers, presiding over local courts, at first. Only later did mayors supersede them in authority.
From The Medieval Sourcebook: The Assizes of Bread, Beer & Lucrum Pistoris
Appointment of a Sheriff
To wit: sheriff of the country aforesaid to gentleman, greeting: I do hearby nominate constitute and appoint you to be my deputy for the receipt of writs granting warrants thereon making returns thereto and accepting of all rules and orders to be made on or touching the execution of any process or writ to be directed to me as sheriff as aforesaid.
Given under the seal of my off this day of 19--.
Appointment of a Bailiff
The sheriff for the purpose of executing writs directed to him also appoints bailiffs. They are the officers of the sheriff and are usually bound by him in an obligation with sureties for the faithful discharge of their duties. The indemnity given by them and their sureties to the sheriff often contains their appointment.
It is interesting to note that a sheriff’s officer is disqualified from holding a justice’s license for the sale of intoxicating liquor. If, however, a sheriff happens to be a brewer, he is often the holder of a liquor license!
And an infant cannot be a bailiff or a Sheriff’s officer, as such an office is one of responsibility and trust unfit to be performed by an infant!
In Medieval England, then, the bailiff, whether he be a Bailiff of Manors who served a
Lord or whether he be appointed by the Courts by the sheriff and assisted judges at assizes, were in a role of dignity and power in the service of the Lords and of the Courts.
They collected fines and collected rents, looked after land and buildings on an estate and also served as accountants.
Court Bailiff acted as Process Servers and Executors of writs. They assembled juries and collected fines as well. The bailiff was a court official with police authority and had the power to service and execute legal process.
Today the work of the bailiff is much the same. They act more as agents of the court carrying out process service, repossession, provide assistance to judges and seizure of chattels and property for secured creditors.
Court duties in of seizure and sale, previously done by sheriffs are done by Court Bailiffs. The Court Services Branch appoints them in BC pursuant to the Sheriff
Act. The Court Bailiff is also a Peace Officer.
In France, the bailiff has much greater power even today. As financial agents for the Crown they were Administrators of the Royal Domain. As Huissiers de Justice, or Bailiffs of Justice, they prepare lawsuits and legal documents. They also prepare and levy upon the executions that result from these lawsuits. Their duties require that they be very educated men and women. Here, much of their work is would be done by attorneys.
We have such a firm in Paquette and Associates in Quebec in our directories while F.W.C. General Enterprises Ltd./Ltee. in New Brunswick and Bouchard and Associates in Ontario offer completely bilingual services.
The work of the bailiff today, however, has changed somewhat. When we asked for information about the work of the bailiff today we had an answer from Don who I so admire for his quick response and diligence to the project. About four hours after our request on a Friday late in the afternoon I received his first draft, which I was overjoyed with. A few hours later I received a second that he had reworked during the night. As a bailiff he had exercised his right, however, to go into a nearby city to pillage and plunder during that time! The following is his article
Biography of a Canadian Process Serving Company with 70 Offices to Serve You Across CanadaThe Story of Lormit Process Services - by Tim Haworth
"You have to be good at what you do!" a voice booms from the other end of the telephone.
"Do you know that my third largest customer base is made up of my competitors?"
Tim Haworth, President of Lormit Management Systems Inc. and Lormit Process Services is clear, energetic and forthright. He does not hold back and he’s planned well in advance for this interview which is something that he is very good at doing at all times. There is little preamble: he is a busy man. He knows what he is doing and he has the system down pat.
What follows is an elaborate dissertation of how time, cost and a combination of direct and indirect business models produce a better system that provides a, "win, win", situation all round for customers, franchisees and himself.
There are several remarkable and unexpected items I note as he speaks during our two-hour telephone conversation.
He is not rushed and is very friendly; a conversational tone makes you feel that he is concerned with your opinion of him. Tim is an excellent salesman and refreshingly proud of this fact; he creates a trust in you as you listen to him talk about his beginnings and what he has created.
You find that you like him in a very short time in spite of his business-like, yet principled and disciplined manner. Tim is, of course, much more than an extremely successful entrepreneur.
At 16 years of age, Tim began working a full time afternoon shift, while attending high school. After graduation he began a career in sales. Married young and now with three children, he attended university for two years on his two days off which fell during the week. He was then promoted into management and no longer able to attend the classes.
However, by 1978 Tim had become very disillusioned with working for someone else and when offered an equity position in the company that he had worked for seven years, he quit.
Around this time his wife, who worked in a law office, needed a person to deliver a service related to a restraining order. The person doing the job just could not handle this sort of situation. Tim was asked if he could do it. In his own words, he did everything wrong!
But Tim quickly learned and found these services excited him. Soon he was doing all of the process work for that company, which covered the entire city of Edmonton. In 1979 Tim bought the business and was making about $1200 a month gross. He tapped out affidavits on a typewriter, done with a combination of sheer energy and persistence, which helped to bring his new business up to an annual gross of $100,000 a year. Lormit, a combination of his first wife’s name, and his name, spelled backwards, was well and truly on its way!
Organization and the ability to sell worked in his favour. He next went out and sold himself to even more law firms. Tim's promise to do a service and follow through is another important part of his business philosophy.
Tim eventually approached IBM to see if he could obtain a software program for his process serving business. There was none. It was a very frustrating time. And there were more problems that would soon manifest themselves.
In the meantime, a few very lucky breaks came into play. First, a six week postal strike brought unexpected developments. During this time service by registered mail was not an option. A process server had to be utilized. He offered personal, courteous service and people liked it! They did not return to the regular postal service after the strike was over. At the same time, the early 80’s, saw a real estate collapse in Alberta which sent the real estate market into a downward tailspin. People walked away from highly mortgaged homes. Tim was doing 80 services a day!
The company was doing so well in Edmonton, Tim opened a Calgary office, the beginning of a period of tremendous growth. He rented a room and at the end of four days of handwriting his manual, Lormit’s franchise system was in place. When the documents were returned by his law office in the form of the required prospectus, they were handed back to Tim almost word for word as he had set them down – only this time they were typed!
There were tough days ahead, though. The software program caused difficulties as it was developed. The Alberta Securities Commission required an audit, which was expensive and time consuming. A partner was bought out along the way. The bubble created by the real estate collapse had passed through. Sales were now declining and Tim’s bank of 25 years called the term loans. This still rankles today. Family saw him through this crisis. He has never set foot in that bank since and sings the praises of The Alberta Treasury Branches who treated him well and just as one would expect of Tim, he is loyal to them to this day.
Having been through some hard times, Tim decided to work smarter, not harder. Things slowed down but his business continued to develop like the Tortoise and the Hare. He set up 16 offices in Alberta, his rock, around 1985. Expansion was strategic and deliberate. From method to means Tim covers all the bases of the industry including centralized monthly billing for his cross-Canada offices, a big plus for many of their clients. Tim’s persistence, energy, detailed planning and execution of these plans won out over adversity.
The franchise system was in place and proving it could and would work. Tim takes great pains to tell me he is interested in the people who work with him and for him. For a new franchisee there is no money to pay up front. Tim trusts his franchise owners – but he does have expectations. Long term relationships are what he is interested in and many of his original owners are still with him 18 years later. Some of these owners have even retired now.
Tim is available to all the franchisees around the clock by phone, fax or e-mail. He will walk each one through their files as many times as is necessary.
Since 1985 Lormit has continued to grow across the country. Tim has an application process and a plan. He personally flies in and interviews prospective new franchise owners. Tim listens to his interview subjects but also watches their body language. They have to fit the location, the expectation of business and its return in that area. Many are part time opportunities so this is important. It is this savvy approach to business, in general, that accounts for the 70 offices thriving and growing over the years.
Not surprisingly Lormit continues to expand and needless to say, with all of these people and offices in place across our country, Tim has exciting, new ideas in mind. Strangely enough he does not elaborate on it…nor does he let us in on what he is worth today! He does, however, say once more, "You have to be good at what you do"!
We very much believe that he is just what he says, very good at what he does!
Tim has developed and headed his company, written their 500-page manual, a computer program for his offices, coordinates with his loyal managers of 70 legal support service company offices spread throughout and across this country, all under the name of Lormit Process Services. Quite an accomplishment and very inspiring!
Tim is located in his Edmonton office which recently moved to new headquarters and his listings are sprinkled throughout our directory and can also be found in all office locations and cities of service online at www.processserverscanada.com.
Please see his display ads and new ruler insert which is a handy size for the desk, pocket or purse. Thank you, Tim.
Biography of a Bailiff: By Don McPhail, Bailiff, Court Bailiff & Company President of North Central Bailiffs Ltd.
The bailiff business certainly has seen changes in the 20 plus years I have been in it! When I started North Central Bailiffs Ltd., bailiffs were simply men with the stomach for a good argument and the courage to sell "empty driveways." Sure they dealt with complicated matters like Rent Distress Actions and all, but for the most part they had only a small inkling of the big picture and there were a lot of lawyers out there just waiting for them to "step in it."
Over the years the business has become much more sophisticated. The bailiffs of today possess a lot of knowledge and by far and away they really are experts in their field. It is now very common for lawyers to refer their clients to a bailiff to resolve credit issues and not expect to see the client again. Many bailiff companies, like North Central Bailiffs Ltd. also took on Court Order Enforcement as far back as 1990. We sent our first recruits to the Justice Institute for training and after that we bid on contracts to replace services previously provided only by the Sheriff’s office.
Court Bailiffs are appointed under the Sheriffs Act rather than licensed by the Provincial government and are typically much better educated, more experienced and highly skilled craftsmen of civil law enforcement. Court Bailiffs have very advanced legal knowledge considering their employment in an occupation that does in-house training. These masters of civil enforcement are the scourges of the deliberate "credit criminals", of which there are actually very few, while also possessing the ability and authority to work with persons and corporations who have a reasonable and realistic ability to work out their debts. Show them the money or a realistic game plan and you will likely make a deal, as long as your creditor agrees to it, that is!
If you want to be a bailiff you will likely want to have a business/consumer finance background, good business and computer skills and an outgoing and assertive personality and if you have to, be able to talk your way out of a forest fire! I like to tell the new staff, "Better to win the battle with your wits than with Writs" and "go by the book and you never have to look back". My favourite saying, though, is to advise our clients to, "Stay out of the court of loss: settle it!" The bailiff industry has made the transition from repo-man to professional bailiff, a person with extraordinary "school of hard knocks" para-legal skills and knowledge. Successful bailiffs in this day and age require intelligence, training, extraordinary communication skills, some intuition, great backup from their company and instant access to good legal advice, oh - and occasionally, a really fast tow-truck operator!
Over the years the industry often noticed that the best man for the job was a woman and as a result we have had, and still do have a number of very good female bailiffs in the industry. At our firm long-term female employees hold many positions in management, so we have to be very polite in the office at all times, and never leave the seat up, ever!
Once this industry got onto technology and computers it changed as fast as the Internet itself. With cell phones, digital cameras and e-mail our customers were literally in the drivers seat with us as we worked their files. The Internet has driven this industry into the new millennium with some big players back east commanding a very large share of the market. This has driven those who can see the future to even greater achievements and skill levels. You can’t afford not to be e-literate!
In a time where the consumers have more rights and protection from creditors than ever before the bailiff industry has kept up with the changes, recognized the need for such protection, and is working with creditors and debtors alike to assure the rights of all are respected and protected. This industry looks to the future, which seems bright. At the same time, don't forget to make your car payment this month or one of our, polite, well-spoken, well-dressed, educated, well-versed and wireless agents of the new millennium just might have to drag off your new toy!
Don McPhail President North Central Bailiffs Ltd. with six offices in British Columbia.
Please see his listings and Court Bailiffs advertisement in our BC section of the Provincial Directory as well as online at www.processserverscanada.com.
Don mentions the issue of self-regulation and this is an issue in BC at this time. We will continue to follow this situation. Thank you, Don!
