Can A Process Server Trespass?

Process servers sometimes find themselves in trouble while doing their job. Their most common predicament is trespassing. Many people that are being served often call the police to report that the server is trespassing their private property. Nonetheless, there are some of the things that a process server can do to avoid trespassing.

Consult the local statutes and lawyer

Many states and countries have different provisions and definitions of trespass and can provide for the exceptions to the laws. Before serving an individual, it is helpful to do some research.

Assess each situation differently

Every case is unique. Before serving it is essential to gauge it to determine whether it is a gated community, whether there’s a no trespassing sign, or whether you can be ordered verbally to leave the place.

Explore location options

When you serve a person at their home, it might be riskier compared to when you are doing it at a different location. If you serve a person in a public space such as their office or shopping mall, the risk of trespassing are minimal.

Join an association

Many states and countries today have process server associations that help keep the servers up to date with the regulations and legislation as they change. Joining one for the state one is serving will help reduce the general risk of being charged with trespass.

If you serve a person and they press charges against you for trespassing, it is advisable to seek a lawyer's advice as soon as possible. However, the tips mentioned above and techniques might be helpful in case you want to minimize your chances of getting sued for trespass while serving an individual.

If you need a process server, contact the team at Same Day Process Service today.

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