Being served papers can be uncomfortable, especially if it concerns a highly private matter. While it is never a good idea to try and evade a process server, there are some essential things to keep in mind about what they will not do.
We have put together a shortlist of things that should never occur when you are being served. If you experience any of these, make notes and contact the company doing the serving as quickly as possible. These behaviors not only breach the code of conduct from process servers but also lower the professionalism and public trust of the profession, which hurts anyone else doing the necessary work.
They Should Never Make Threats
Process servers will not threaten to arrest someone or threaten to put them in jail. They will also not threaten to sue someone if they don’t accept the paperwork being delivered. These are all prohibited things for process servers to do because it could lead down a perilous path of litigation and conflict between people.
There is no need for any kind of legal, physical, or mental threat from a process server because they have plenty of other avenues to pursue delivery. The legal situation will still move forward even if you outright refuse to receive the paperwork. The process server has to show they made every reasonable attempt only. If you are being threatened by a process server, contact their boss immediately.
They will Not Break and Enter
A process server should never break and enter a residence without permission from the resident or business owner. Process servers also won’t enter any private property without proper authorization from its owner or the court, and even then, most will avoid this altogether by contacting you at work, in a public space, at school, or via certified mail.
TV shows may have fun making storylines about aggressive process servers cracking a window or two to serve you while you’re soaking in the tub, but the reality is far less extraordinary. Most process servers dress professionally, and the entire interaction happens on your doorstep, at work, or in public, taking only a few moments of your time.
They Cannot Give You Legal Advice
A process server is not an attorney. Yes, some attorneys make delivery of legal documents, but that is different. Process servers are not trained to give legal advice. They can only serve legal documents and not provide any other assistance. This is designed to keep the process server’s job simple and easy.
Process servers will not be able to answer questions regarding how the law works, what your rights are, or how you should proceed with your case. These types of issues are best handled by a qualified attorney who has been approved by their state bar association to practice law within that jurisdiction.
Cannot Leave Papers with a Minor
Anyone under the age of 16 is considered a minor. There are extremely rare exceptions that are usually only possible by court order, but process servers should never leave documentation with a minor. If this occurs, you have not been properly served.
Again, it makes way more sense for a process server to simply wait and try a more reliable method. This way, they can prove to the courts that all legal pathways have been pursued.
Only Work with Professionals
When you need paperwork delivered professionally, and with the respect of everyone involved, you need the expert team at Houston Process Servers. We put out information like this post because we want to reinforce that 99.9% of the process servers are simply doing their job. They have no desire to break the law or make your life hard. Their motivation is to make a successful delivery and then get to the next project, just like anyone else in any other career.
If you want a reliable team of exceptional process servers, send us a note through our intake form. We pride ourselves on our quality reputation for successful delivery that is honest and respectful.