At some point in your life, you might encounter a process server. When you do, that’s probably not for any good reason. They might give you papers you would prefer you never saw.
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Process servers have many strategies for delivering papers, and we will talk about them in the following article. We’ll also go over legal ways a process server can deliver papers and ones that break the laws governing such activities.
What Does the Term “Process Server” Mean?
A process server is someone who the court empowers. They’re like messengers. The court gives them documents that they should deliver to a person. If you’re getting some papers from a process server, that could mean someone just named you in a lawsuit. You may also get a subpoena.
Generally, a process server has papers in their possession that signify someone must take a certain action. Usually, that involves appearing in court, but not always.
How You Might Feel If A Process Server Delivers You Papers
If you encounter a process server, and they have papers for you, that might frighten or intimidate you. However, that doesn’t mean the process server can legally menace or harass you. Instead, they should simply give you the papers. Usually, that ends your interaction.
If a process server shows up and gives you papers, you might not like that. The papers could mean that you have to testify in a trial, that your spouse plans to divorce you, or that your spouse from whom you separated wants to have full parental control.
However, you should not make the process server bear the brunt of your anger. They just have a job to do, like anyone else. They don’t have anything against you, personally.
A process server has an important legal function. The court shouldn’t normally put vital legal documents in the mail and hope that they get to the intended person.
The postal carrier can easily lose them along the way, or the intended recipient might not live at that address anymore. If so, then this individual won’t know that they have a crucial legal action coming up that involves them intimately.
Can You Make A Living As A Process Server?
You should also know that few people make a living just serving papers. They might do it as gig work, but they will probably have other jobs as well.
It’s another reason why you shouldn’t abuse a process server who gives you papers. They’re not making piles of money doing this job. It’s hard work, and they sometimes risk life and limb if they have to deliver some papers and someone gets angry or indignant when they hear the bad news.
In What Situations Can A Process Server Legally Give You Papers?
You should understand that a process server can’t serve you legal papers at all times. Rules exist governing their behavior, and they must follow them.
Often, the process server will try to catch you at home. If they have the current address, then they might arrive when most people sit down to dinner. If they hand you the papers, and they confirm your identity, then usually, they feel they have done their job.
They can tell the court that they gave the papers to someone who answered to your name. They will note the location, time, and date when they gave you the papers as well.
This matters, since you must usually respond when someone sues you or if you have a court summons by a certain date. The process server noting that you got the legal papers usually begins the time till you must legally respond.
How Else Do Process Servers Legally Give Papers?
A process server might also send papers in the mail in some instances. A certified mail delivery can sometimes work, especially if the server had trouble getting you the papers through conventional means.
They might also give the papers to another responsible adult at your place of residence in some instances. They can usually give you papers at your place of work as well, unless you work at a job that requires strict authorization for someone to enter the building.
In What Ways Can Process Servers Not Legally Give Papers?
However, a process server should give you papers during normal hours. In other words, a process server should not show up at your door at three in the morning.
They should not trespass on private property to give you papers. For instance, if you have a “no trespassing” sign on your property, then the process server must usually wait till you’re off the property before they can give you those papers.
They can approach you on the street and hand you the papers if you’re in a public place. However, they can’t usually pretend that they’re someone else. For instance, they can’t claim they’re a police officer. They can’t say they’re a delivery person, either.
They also can’t get onto your property under false pretenses. For example, they can’t claim that their car broke down so they can walk up your front steps and give you the papers.
A process server should not give you papers in a way that endangers you. They shouldn’t chase after you in a car and cause an accident to get you those documents.
What Should You Do If A Process Server Gives You Papers?
If a process server has papers for you, then you should probably just take them. Even if you think it’s bad news, you should do the mature thing and accept them. This makes the process server’s job easier. Also, once you do that, you can start to consider how best to handle the situation.
Usually, if you’re getting papers saying your spouse wants custody or a divorce, you will want to get yourself a lawyer. If you must testify in a trial, you may consider consulting an attorney if you feel that’s warranted.
