How to Avoid Breaking the Law as a Process Server

On a black background, the words "Don't Break the Rules" appear as if written on a chalkboard.Process servers have a tough job. They are responsible for delivering court documents to people. Many people being served have misconceptions that challenge the delivery process. Knowing the rules based on local and state laws is important for process servers to accurately meet the needs of the courts, their clients, and the individual(s) being served. 

Process servers work with respect for the people they serve and with professional integrity. That being said, servers need to go to extreme lengths to serve their documents, which sometimes puts them in danger of breaking the law. Keep reading to learn more about what behaviors to avoid in order not to be sued as a process server. 

1. Don’t Guess the Laws and Rules

Each state carries its own set of rules, laws, and general practices. There are rules relating to how a service can be made, barred days, who can accept service, and more.

If you have to cross state lines to attempt a service, make sure to check the rules in the new state. There may be important differences. 

2. Stay Away from the Mailbox

It is no crime to notice an address posted to the side of a mailbox. However, pretty much anything else involving the mailbox is off limits. Tampering with someone’s mail is a federal crime. Don’t touch their box or mail, even if it is in plain view. For more information on postal code law, click here to read 18 U.S. Code § 1708.

3. Be Authentic - No Acting Allowed, Especially Law Enforcement

Delivering court documents is serious business. Sometimes you have to take extreme measures to reach the individual you need to serve. Though we encourage creativity, make sure not to deceive someone as to who you are. This act may be effective, but it may also be against the law. Remember, you are not a law enforcement agent. It is definitely illegal to impersonate a police officer or government official. 

4. Stay Out of Places You Haven’t Been Invited to Enter

This one may sound like a no-brainer, but wait to be invited to enter someone’s home. Trespassing, or entering someone’s property without permission, is illegal. Even if you know someone is home, do not force your way inside their home. This behavior will only make the serving process more difficult.

Choose a Profession Process Serving Company

Serving processes is no easy job. The flow of work can go more smoothly when you partner with a professional company that protects its servers by teaching them how to respectfully do their job. Same Day Process Service has a strong record of faithfully serving our client’s needs by employing the most professional servers.

Give the team at Same Day Process Service a call today at (844) 737-8331 to take the next step toward becoming a process server or having your process served. 

There are court documents inside that Pizza Box!

Imagine for a moment that someone shot you, robbed you, or burglarized your house, and some persons witnessed the crime but refused to testify about what they saw. On occasion, we receive legal documents for people who refuse to make themselves...

A Most Ferocious Dog

I received a subpoena for a person living in Virginia's boondocks.  The trip was a long winding drive through the mountains where I eventually found the house, set back in the trees, 150 yards from the road.  There was a creek and...

Serving Barack Obama: A Private Citizen

When Barack Obama was President, he had to be served legal documents by certified mail.  When he left office, he moved into this beautiful 8,000 square foot brick home on Belmont Street, overlooking Rock Creek Park. Since he was no longer...

5 Tips For Being a Better Process Server

Just like people, not every process service is the same. Some people are harder to hand papers off to than others. Many defendants believe that avoiding a process server means their legal troubles go away (this is false). This myth leads some people...

A Story of Patience and Persistence

The doctor we were trying to serve had been an enigma for over a month. Our servers made several unsuccessful attempts to serve him at his office in White Plains, MD. His door was always locked and no sound heard from within. The receptionist in the...

How to Become a Successful Mobile Notary

Helping people is a great way to make a living. Mobile notaries have the chance to meet new people they will help daily. If you need a career that constantly changes pace so you won’t get bored, being a mobile notary may be for...

The Life of a Process Server

Court proceedings move forward every day. Similarly, the legal system needs to notify people of a requirement to appear in court or to take note of legal action taking place. The people who make contact with the persons of interest are process...

Can I Avoid Being Served?

If you know you will be sued, do yourself a favor and DO NOT try to avoid the server. Many people think it’s a good idea - if they avoid the server, then they can prevent the case from moving forward. In reality, when a person physically...

The Must-Know Rules for Serving Processes on Holidays

The task of serving process involves many considerations that most people don’t consider. A server must be fair, firm, and respectful. They must think of their own safety while also making the individual they serve to feel calm. To effectively...

How to Serve Processes to Military Members

Members of the United States military often put their lives on the line to defend their country and its assets. Sometimes the courts will need to provide written documents to these active duty individuals for several reasons including a summons to...

Prepare for Process Serving Wearing a Body Camera

  A process server’s job is not easy. Servers deliver a summons to many folks who would prefer not to receive the court documents. As with most sectors, advances in technology have been and will continue to disrupt the process...
Page: 12345 - All