Rules That Process Servers Have to Follow

Published October 15, 2019 | By Accurate Serve

You may know that private process servers deliver court and legal papers to defendants, respondents, and witnesses, yet you may not realize that process servers, like other court representatives, have rules that they must follow. Here are some rules that private process servers have to follow in which you might not be aware.

Be Honest About Themselves

A private process server cannot pretend to be someone else in order to gain access to an individual to be served. They must, at all times, be honest about who they are their intentions. They also cannot impersonate law enforcement, although they can contact law enforcement if they need assistance.

Leave the Mailbox Alone

Private process servers cannot leave documents in the mailbox. First, in most cases the documents must be handed directly to the individual or someone within the household or place of employment. Second, it is a federal crime to put anything in a mailbox that has not gone through the appropriate postal mail channels.

No Trespassing

Private process servers may not trespass on private property in order to serve papers. They also may not break into any home or building to try to find information about or locate an individual to be served. Private process servers, in most cases, must follow all of the same laws that apply to all civilians.

When you are aware of the rules that private process servers have to follow, it can help you to know what information they might need to successfully serve the papers. For example, if you know that the intended recipient lives on private property with no trespassing signs posted, you can tell the process server so that they know they will need to serve the papers somewhere other than the individual’s home.