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Process Serving Might Be More Complex Than You Think: Learn Some Things Process Servers Can’t Do

Process Serving Might Be More Complex Than You Think: Learn Some Things Process Servers Can’t Do

There are many reasons to hire an experienced process server. One of those reasons is to ensure that they do what they are required to do – but it is also essential to ensure that they don’t do things they are not allowed to do.

Keep reading to learn about some of the rules we must follow and then contact AAA Attorney Services at (714) 633-4167 if you need Orange County legal services from a company that knows the rules inside and out.

We cannot tamper with mailboxes

While it is legal to observe (with your eyes only) an address that is clearly visible, it is illegal to tamper with or open someone else’s mail. This means you can’t access someone’s mailbox or look through a stack of mail even if it’s visible.

We cannot pretend to be someone else

In the end, your role is to deliver court documents, which may need becoming inventive to reach elusive defendants. Remember that being inventive does not imply deception, such as attempting service under false pretenses or breaking state laws.

We cannot claim to be law enforcement

Civil process servers are not police officers by definition. While many retired and off-duty police officers may pursue this as a part-time profession, it’s critical to distinguish between the two. Impersonating a police officer or government official is unlawful in all states, and some jurisdictions further make it illegal to utilize police equipment (such as red and blue flashing lights or a phony badge) to indicate that you are a cop.

We cannot enter private property unlawfully

Even if someone refuses to come to the door or just does not answer, you are still obligated by the rules prohibiting unauthorized entry into a home or company. Just because you need to serve paperwork doesn’t mean you have to break the law.

Similarly, you cannot ignore no-trespassing signs or gates unless your state has created special rules allowing process servers to do so.

A process server who doesn’t follow the rules could cost you big

If you do not have a required person served lawfully and correctly, it could negatively impact your case. This is not the time to choose an amateur. Instead, choose AAA Attorney Services.

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