Debunking Process Server Myths: The 13 Biggest Misunderstandings About Legal Document Delivery

If you’ve never been served legal papers before, you’re not alone in believing some widespread but completely false information. At Houston Process Servers, we’ve seen it all—angry denials, people hiding in their homes, and even assumptions that we’re undercover police officers.

This article exposes and corrects 13 common myths people still believe about process servers. If you’re involved in a lawsuit or legal dispute, these truths may surprise you—and even help you avoid serious legal consequences.

Myth #1: You Can Avoid Court by Avoiding a Process Server

Truth: Avoiding service only delays the inevitable. Courts allow “alternative service” if you dodge.

Many people believe that if they simply refuse to open the door or pretend they’re not home, their legal problems go away. Wrong. Courts can approve substituted service, such as leaving documents at your door, with a relative, or even by publication or email in certain states.

Myth #2: Process Servers Are Police Officers

Truth: Process servers are not cops and do not have arrest powers.

They may look serious and professional, but process servers are private individuals, often licensed and certified, but they’re not law enforcement. They cannot detain you or force entry.

Myth #3: If You Refuse to Accept the Papers, They Can’t Serve You

Truth: Service is valid as long as it’s made to the correct person, even if you don’t touch the documents.

If you say your name and a process server hands you papers, you’ve been served, whether or not you physically take them.

Myth #4: Process Servers Can Trespass to Serve You

Truth: They must respect “No Trespassing” signs, gates, and fences.

In Texas and most states, process servers cannot enter locked or restricted private property. They may approach your front door, but if entry is blocked or signage is posted, they must find another legal route.

Myth #5: A Friend or Relative Can Refuse the Papers for You

Truth: Refusal doesn’t block service. They may be served instead, under substitute service rules.

If you’re unavailable, a qualified adult at your residence can legally receive papers. Courts allow this to prevent people from dodging court by hiding.

Myth #6: You’ll Always Be Served in Person

Truth: Not true. Courts often allow service by mail, email, or publication if personal service fails.

Myth #7: You Can Be Served at Work or in Public

Truth: Yes, absolutely.

Process servers can serve you at home, at work, in a coffee shop, or anywhere they can legally access. There’s no “safe zone” if you’re named in a case.

Myth #8: Process Servers Know What They’re Serving

Truth: Sometimes they do, sometimes they don’t.

Servers usually know the type of case but are not required to disclose details unless subpoenaed or asked by the court.

Myth #9: It’s Illegal to Pretend You’re Not Home

Truth: It’s not illegal—but it doesn’t work.

Eventually, the server will report this, and a judge may approve alternate service.

Myth #10: You Can Only Be Served During the Day

Truth: False. Evening and weekend service is common.

In fact, avoiding service often leads to delivery attempts outside traditional hours.

Myth #11: Process Servers Always Work for the Court

Truth: Not always. They may be hired by law firms, individuals, or businesses.

Who do process servers work for? Attorneys, landlords, collection agencies, or anyone involved in a legal matter may hire them.

Myth #12: The Plaintiff Always Pays the Server

Truth: Generally, yes. But costs may be recovered later.

Who pays for a process server? The party initiating the case usually hires and pays for the service.

Myth #13: Being a Process Server Is Easy and Safe

Truth: Not really.

Is being a process server dangerous? Sometimes. Servers deal with angry people, high-conflict divorces, and even evasive or threatening individuals. At Houston Process Servers, we’re trained in conflict de-escalation and legal compliance.

📊 Spreadsheet-Style Myth Breakdown