Eviction Notice – Difference Between Personal Service and Tack and Mail When Evicting a Tenant

As a landlord, sooner or later you will have to evict a tenant for either not paying rent or for violating one or more terms of the lease. When a tenant violates their lease the landlord must immediately start the eviction process. The eviction process is handled by the county where the property is located. Even though you file eviction papers in the county where the property is located, it is state law, not county law, which controls the eviction process.

The eviction process starts with the landlord filing the paperwork for the eviction at the courthouse in the county where the property is located. Once the paperwork for the eviction has been filed, the paperwork will be handed over to either the Sheriff or Marshall’s office. Some counties use the Sheriff to serve notice of the eviction filing while others use the Marshall’s office. Regardless of the office, they will serve your tenant with notice of the eviction. This service will be either Personal Service or Tack and Mail. I will discuss the difference between the two.

Tack and Mail

When the Sheriff arrives at the property, they will try to get someone to answer the door. If nobody is home they will leave a copy of the eviction notice at the door. This is where the “tack” portion of tack and mail service originated. The Sheriff will actually tack a copy of the notice at the front door for the tenant to find when they return home. The Sheriff will also “mail” a copy of the eviction notice to the tenant. The Sheriff will mail the notice regular mail. It will not be mailed certified mail. The date the Sheriff tacks a copy to the door is the day that is recorded at the courthouse for the date of service.

Personal Service

When the Sheriff arrives at your property, they may find the tenant is home. If the Sheriff actually gives the notice to the tenant this is called Personal Service. As a landlord you would much rather the tenant be served with personal service.

The difference between the two types of service is that Personal Service has more advantages in the eviction process. If you tenant is served personal service and then does not show up for the court date, you can get a judgment against the tenant. If the tenant does not answer the eviction process after being served personally, you can get a judgment against the tenant. In both of these situations if the tenant was served tack and mail then you would have to sue the tenant in small claims court to get a judgment against them.

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Insurance Claims – Get an Advance Payment!

Insurance claim advance payments are not widely known by people who file claims. Often, when an insured has a loss of significant size, such as a flood, tornado, wildfire, hurricane loss or a big water damage loss, an advance payment of a portion of the anticipated settlement is issued by the insurance company. This situation also happens regularly when a business has a loss and needs money up front.

It is a customary and widely accepted practice for the insurance company to issue an advance payment in this type of instance. Be aware that there’s nothing in the standard property insurance policy that deals with advances. It is usually just a courtesy that the insurance company extends to their policyholder.

However, they don’t usually offer to do it. You have to request the advance.

Here’s an example. Joe Smith’s house is hit by lightning, and a fire damages most of the house. Joe’s policy has Building limits of $100,000, Contents limits of $50,000, ALE limits of $20,000. The house can be repaired for $70,000, which is less than the policy limits. However, the adjuster expects that the Contents loss will exceed the policy limits of $50,000, and the ALE loss will be $15,000. The adjuster sends in his first report to the insurance company, and tells them to expect the loss to be approximately $135,000 on these three parts of coverage.

The insurance company could easily issue an initial advance payment of $25,000 to $35,000 for Contents and ALE, and $40,000 to $50,000 for the Dwelling loss.

So, what do you do if your Contents are damaged and you need the most basic things, like a change of clothes and shoes? What if you need to have a contractor secure the building and put tarps on the roof to keep further rain out of the building? Most people do not have tens of thousands of dollars just lying in their bank accounts that could be used to begin repairs, or begin replacing personal property. That’s when the insurance company issues an advance.

It’s best to make your request in writing. Even if it’s just a hand-written letter, it’s best if it’s in writing. Write or type your request, keep a copy for your records, and give the copy to your adjuster. It’s also a good idea to send a duplicate copy to the claims department of your insurance company. Send it by overnight courier or certified mail. NEVER rely on the adjuster to ask for an advance on your behalf. He might get delayed with other work and it could be days before he asks. DO IT YOURSELF.

Take control of your claim, my friend! Make an EARLY request in the claims process for your advance payment!

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Top 7 Reasons New Insurance Agents Fail to Reach Success

I would like to offer some insights as to why I believe such a high percentage of Insurance Agents fail in their first couple years in the insurance business.

There can be multiple reasons that contribute to a new insurance agents failure. Here are the most common reasons I have found that lead to failure.

  • Most Insurance Agents have a Limited product portfolio and are unable to cross sell other insurance products.
  • Agents do not have a proven sales track or sales system to follow which most new insurance agents need to get results quickly.
  • They do not create consistent cash flow from insurance sales quick enough and must leave the insurance business to go back to an hourly paying job just to survive.
  • New Insurance Agents start out in the insurance business with little or no reserves to fall back on. Most businesses require some upfront capital or reserves to get started.
  • A lot of agents do not get enough training (Product or Sales) to give them a fair chance of making it in the insurance business.
  • Insurance Agents are not taught effective prospecting and marketing techniques that generate a consistent flow of sales prospects.
  • Some people simply do not have the drive, work habits, persistence, self motivation or ability to handle rejection that it's takes to survive in an insurance sales career.

From my experience of hiring and training insurance agents over the past 23 years, I have found the following items need to be present in order to maximize a new agent's chances for success long term in the insurance industry.

  • A quality multi-product portfolio to offer multiple insurance solutions when different needs are uncovered during the initial fact finding process with a potential client.
  • A proven sales track and presentation that can be taught and implemented very quickly. One that gets sales results but also generates a generous flow of new prospects and referrals.
  • An advance commission system that provides weekly cash flow so the new agent can focus on their training and sales, not their bills that are due.
  • Tools that make learning and growing in the insurance business fun and automatic. (Ie Archived Training Videos, Health and Life Quote Engines, Live Product and Sales Training Webinars, etc.)
  • Quality contracts that provide immediate 100% vesting rights and commission growth opportunities to General Agent commission levels.

At National Marketing Group we have learned over the years the essential pieces that new agents need to not only survive but thrive in the insurance industry. Our mission statement says it all. "First, to offer the Independent Insurance Agent a support system that provides a platform for success in Insurance Sales. Second, to build long term relationships through a foundation of trust and commitment."

We sincerely believe the 80% -90% failure rate of new insurance sales agents entering the insurance industry can be significantly reduced when the right agent support system is in place. We encourage you and invite you to join us in this very exciting and rewarding career opportunity. Hope to hear from you soon!

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