Rules Process Servers Must Abide By
Undoubtedly, process servers have a tough job. They are authorized to serve legal papers to individuals who, very often, do not want to be found. If a defendant is aware that they will be served with documents requesting their presence in a court case, they can resort to all lengths and means to avoid receiving these documents. However, just because they have not personally been served papers does not mean the court case will go away. In this article, we share with you some rules for process servers.
Understanding the Rules
There is no one set of rules that process servers nationwide have to abide by. Instead, rules for process servers vary from state to state. Therefore, we will be focusing on California in this article. The most important thing when engaging a process server is making sure that they are familiar with the laws in their state and will not break them.
Process Servers Cannot Enter Property Without Consent or By Force
Registered process servers may enter private property while in the act of serving a defendant or witness. Caution!: A process server should NEVER enter a person’s home, under any circumstances. The service should be completed by the process server standing at the front door, or at the gate.They cannot pick the lock or force their way in. This includes sticking their foot through a closing door. In addition, a process server cannot simply enter a house just because it is unlocked. Service in a guard-gated community cannot be prevented by a security guard if the process server presents identification (C.C.P. 415.21).
Process Servers Cannot Lie About Who They Are
Although process servers are allowed to be generic about their purpose for visiting, they cannot lie about who they are. This means that they cannot claim to be a law enforcement officer in order to get access to the defendant. Even process servers who are also police officers cannot use their police credentials when serving papers in their capacity as a process server. This also includes not lying about being a deliveryman of a specific company, such as FedEx or UPS, to gain access to property, for instance.
Process Servers Cannot Tamper or Meddle with Mail
It may be possible for legal documents to be served through mail in some states and under certain circumstances. While papers can be sent through the mail, a process server is not allowed to look through or otherwise meddle with a defendant’s mail.
Why Choose Process Service Network for Service of Process?
If you require legal documents to be served, look no further than Process Service Network to get the job done. We are headquartered in California and can assist you with the service of process regardless of where you are located. Our licensed and experienced process servers can serve documents via email in limited jurisdictions, upon court order. This method obtains clear documentation that the defendant has acknowledged the service of process through receipt of email using our patented platform. As the only service processer who makes use of this system, we can also conduct process service by publication if a defendant remains unlocated or evasive.
If you would like more information about our services or to engage a process server, please contact us today.
