What A Process Server Can And Cannot Do
Process servers are licensed individuals who serve legal documents to defendants and witnesses. However, there are certain things that a process server can and cannot do when serving papers. Although there may be variations in these rules depending on the state involved, this article will focus on the Do’s and Don’ts of process servers in the U.S. It is important to understand what a process server can and cannot do.
What Process Servers Do
The responsibility of a process server is to serve legal documents to a defendant or witness.
Do’s when serving papers
Sometimes, when the defendant is aware that papers are being served against them, they may try ways to evade being served. This is under the mistaken belief that they can evade a court case by doing so. However, that is not the case. Below is a list of what process servers are allowed to do when serving papers:
- Wait outside the defendant’s home or office or a friend’s home for them to appear (stake-out)
- Be vague about the reasons they need to see the defendant, although outright lying is prohibited
- Serve papers to someone in the same household or office over the age of 18 – however, this is only acceptable if the type of document allows it or if the judge has signed off on a special Court Order
- “Trespass” into a guard-gated community for the purpose of serving a party – proof of license or registration is required.
Don’ts when serving papers
Regardless of how evasive a defendant is, there are certain things process servers cannot do to gain access to them. These include:
- Pretending to be a law enforcement officer to get the defendant to open the door
- Threatening the defendant
- Stalking or harassing the defendant
- Trespassing or entering a locked building illegally
- Gaining access to a building or property under false pretenses
What Happens If Papers Cannot Be Served?
If papers cannot be served despite numerous attempts to do so, the plaintiff has several options:
- Service by substituted service by leaving the documents with an adult member of the household, or at a work address with the person in charge of the business; and mail a copy by first-class mail.
- Apply for a court order to serve by publication. A declaration re: due diligence search is also required.
- Apply for a court order to serve by email. This method requires that it can be proven that the defendant acknowledged receipt of the email. Process Service Network has a patented email platform that provides confirmation that the defendant has verified receipt of the email and attached documents.
Why choose Process Service Network for process service?
Process Service Network is headquartered in California and can assist you with the service of process regardless of where you are located. Our licensed process servers are able to serve documents anywhere in the world.
If you would like more information about our services or to engage a process server, please do not hesitate to contact us today.
