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What Are Process Servers Not Allowed To Do?

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Under the United States Constitution, all American citizens have the right to be informed that they are being summoned. These notifications are usually given out by process servers. There are limitations regarding what a process server is allowed to do. 

The Job of the Process Server

The main goal of a process server is to serve legal documents to the defendant who is involved in a lawsuit. In addition to handing the papers to the defendant, the process server might hand the papers to the manager of a business that is owned by the individual being served. If the papers are not properly served, the court might not be able to rule on the case. If the court issues a default judgment and the defendant is later found to have been uninformed about the legal case, the decision might be reversed.

Who Can Be a Process Server

You're allowed to have anyone who is not a party to the case serve the documents during a lawsuit. However, it can be a bad idea to have a friend serve papers because a process server can be more effective at finding the party who is being sued and using the right methods to serve papers.

What a Process Server Cannot Do

The process server is not allowed to use threats or harassment to serve the papers. For example, the process server cannot harass family members of the defendant in an attempt to find out where they are located. Another aspect of harassment is performing a stakeout. The process server cannot wait outside the home of the defendant to serve papers.

When the papers are left with anyone, this individual must be an adult. Ideally, the papers should be left with the individual who is being served, but they can be left with a family member.

The Process Server Cannot Commit a Crime

The process server is not allowed to impersonate a police officer. This doesn't mean that an individual who works in law enforcement cannot work as a process server, but the process server cannot make a false claim of being a police officer to serve papers.

The process server is not allowed to break the law when they are serving papers. For example, the process server is not allowed to trespass on the property. Therefore, some process servers are forced to come up with creative ways to serve papers. Fortunately, by hiring a process server, you won't have to worry about making any of these mistakes.

Contact a process service for more information.