Mighty Mike: What's up, Server Nation? My name is Michael Reid, the Podcast Server. You are listening to Process Server Daily. On this podcast, we interview the top legal support professionals and get the tips, tools and tactics that they use to get the job done and build a successful company. I'm a big fan of storytelling and I'm excited about today's guest.

Mighty Mike: Before we get started, let's give a big shout out to my new sponsor, ServeManager. They have a special gift for all of my listeners at the end of today's episode.

Mighty Mike: Okay, Server Nation. We are joined by the owner of On Time Process Services, located in Klamath Falls, Oregon. He specializes in skip trace investigation and serving hard to find individuals. Gary Clayton, welcome to the show.

Gary Clayton: Thank you.

Mighty Mike: It's good to have you on. Gary, tell us a little bit about yourself and how you got started in this industry.

Gary Clayton: So I started in 2014, as kind of a just a side gig as I worked for Sears for approximately 10 years. I went through a divorce myself and during the processes of the divorce, I had to hire a process server to serve my ex-wife. It took him about five minutes, cost $125 that was the moment that said I was in the wrong industry.

Mighty Mike: That's so funny, because that's exactly how I got started. Except for he got paid ... Actually, I'm the one who got served and he told me he got paid 50 bucks. How funny. It's crazy.

Gary Clayton: Yeah.

Mighty Mike: Some of the saddest moments in our lives end up giving us the greatest joys, so that's pretty cool. And so, how about now, you got a family?

Gary Clayton: Yeah, so I got five kids, a wife. Being in this industry and being a business owner, sometimes it's got its ups and its downs, and I like the idea of being able to make my own schedule to be with the kids more or with the wife more.

Mighty Mike: Yeah, family's definitely the most important and that's one of the reasons I started my own business because I didn't someone to tell me that my life would be turned upside down because I missed one day to go to my daughter's dance recital or something like that. I didn't want anyone to have that kind of control over me and so I'm with you there, brother.

Mighty Mike: So Gary, there's a reason why you're on this show, as I always say, you know everybody's got different things going on, but I noticed you over the last doing a lot of really cool things, and so sometimes in the most tragic things come out the greatest triumphs, and so what is your worst experience working the field?

Gary Clayton: So probably our worst experience was doing a serve for a divorce party kind of like that are what a majority of our serves are. And we were actually, there two of us servers out there, me and a colleague and we had actually gotten held at gunpoint by three individuals, two males and a female, for about two hours before we had actually gotten rescued.

Gary Clayton: That was probably our worst experience as far as serving goes.

Mighty Mike: Wow, so tell me more about that. And I don't wanna take you back to you know, much trauma, but take me back to the moment when they were ... did they just pull the gun out, you were at the door, knocking on the door? How did it happen?

Gary Clayton: Yeah, so we walked up, we knew it was gonna be a difficult serve, and we were warned that the defendant actually had firearms and was hostile. So we went in a team. We knocked on the door, as soon as we knocked on the door, the defendant opened the door and had had a pistol in his hand right, both me and my colleague.

Gary Clayton: We proceeded just to back out of the situation, but as soon as we backed out, two individuals come around the side of house, and both of them had pistols as well. So we were kinda trapped. I was able to reach down and hit real quick on my phone for dispatch, and I threw the phone into the bed of my truck and it took them a little while to get out there to us.

Gary Clayton: But we were pretty well trapped, they had us go around to the back of that house and we were stuck there.

Mighty Mike: Oh my gosh, what do you think they were gonna do? What were they saying?

Gary Clayton: Well there's so many things that go through your head at that time. We were both confident that we were gonna get out safe, but when you're in the moment, five minutes turns into five hours in a couple of seconds. You know it's just crazy how fast it goes.

Gary Clayton: When the sheriff's department pulled up there, and finally got us out of that situation, it felt like a ton of bricks off of your shoulders.

Mighty Mike: Wow, so tell me about when the sheriff arrived. I mean, they had to have came out guns blazing, right? I mean, hey, "Put your guns down," this type of thing, or?

Gary Clayton: Well, actually what happened was, because they didn't have any communication back and forth through the phone, it was just an open line, they didn't really know what was going on. So they came in being cautious, but they didn't bring nearly enough manpower with them. And so it was one officer that came out and once he kinda realized what was going on, he retreated back to his car and then that's when they just started coming in from every angle.

Gary Clayton: The defendant and his team, the two individuals that was with him, they came to their senses fairly quick, put their guns down, and surrendered.

Mighty Mike: Oh, okay, good. Yeah. That's a pretty ... man that's an intense situation. I've actually never had something that intense.

Mighty Mike: You know, I gotta tell you, being able to have ... in the pre-show, we had a little conversation about, you know, being connected to dispatch and stuff. You guys have that privilege I guess you could call it, to be able to speak directly to dispatch, right?

Gary Clayton: Yeah, so we all have radios here, where we had to go to actually a pretty extensive training class, each one of us, to be able to connect with dispatch. And when we're out in the areas where cell phones don't work, that's our only communication and so dispatch is pretty good at making sure we're checking in with them and they're checking in with us.

Gary Clayton: And if we need backup, depending on what it is, they'll send a sheriff out. We had the incident last week that you had seen online about me following an individual down into California. We had actually radioed to dispatch to see if they would assist us in stopping the vehicle and they were like, "Nope, it's civil, follow them until he stops or you run out of gas."

Mighty Mike: Wow, that's crazy. And then, in that story, you followed him down there and then the, what is it, CHP, the state police?

Gary Clayton: Yeah, we were originally at the individual, the defendant's house, and as soon as we'd seen him pull in, we pulled in behind him and he was able to wedge his self around my car. And so I pulled out, followed him through town, he jumped on Highway 97, which a highway here, and he started heading towards south.

Gary Clayton: A lot of the individuals here Klamath, since we're so close to California, they think that if they go into California, that they can't be served. So as soon as they get on 97 South, we automatically know that they're heading into California, so we contact the Department of Agriculture down there, 'cause they have the transfer station, the bus station we call 'em.

Gary Clayton: And they'll typically assist us in stopping 'em, however this day, there was a CHP officer that was actually passing through about ten minutes before we were coming through, and the transfer station supervisor actually stopped CHP and asked him if he would hang out to assist with that. And they did, they were really good at helping us with it.

Gary Clayton: However it ended up being a pretty serious situation, they did step in and help us.

Mighty Mike: So, a couple things I want to say about your worst experience. First of all, do everything you can to be prepared, because when you think, "Oh, it's probably just one guy, and we got this handled. You know, I got my gun, if he has a gun then we'll handle it," right?

Mighty Mike: I know that's a very simplified version, but you know, in this case there were multiple people and then if you did have a gun, now you're having a shootout with three guys. I mean, it's insane what can happen if you're trigger happy. That's one thing.

Mighty Mike: It's insane, I mean, did anyone end up getting shot that day?

Gary Clayton: No, there was no gunfire and actually we don't carry here. Each one of my process servers, I allow them to make the decision, however, I strongly discourage my individuals or my process servers from carrying, maybe keeping it in a vehicle or something like that.

Gary Clayton: We've seen in the past with open carry or concealed carry if the defendant or the individual we're serving sees it, it brings a higher threat. And so we were seeing a lot of pushback from it, so without having a firearm ...

Gary Clayton: And yeah, it's a dangerous industry, but we were able to eliminate a lot of problems just by taking the firearms out of the equation.

Mighty Mike: Yeah that's, I mean, each business has to make the decision based on their area, based on their ability to handle different situations and I think that's commendable that you made that decision.

Mighty Mike: I think maybe too, another way could be to have a concealed weapons permit so that ... I'm not familiar with Oregon's laws on that. Are you able to, is it a law where you can conceal carry?

Gary Clayton: Yeah, you can conceal carry. And my process servers, they do conceal carry. We just try to keep the intensity between a firearm and