Myths About Process Servers
If you are a Hollywood actor, then yes. However, outside of TV and Movies, the process server does not have to touch you. In fact, if he is sure you are the recipient or reside with the intended recipient, he can literally drop the documents in a conspicuous place near you if you are adversarial.
Do I have to Pay if the Papers Aren't Served
Process servers can never guarantee a successful outcome since we can't control certain things. If a Process Server guarantees service, I would never hire them. This is unless service is on a known entity like service on the State of New York.
You are paying for their efforts, times, gas, and experience.
We can't control a bad address, we can't enter homes if they choose not to come out. We can't control if they are not alive, or inclement weather. You see where I'm going with this?
We will guarantee the attempt however barring unforeseen circumstances.
Once I pay, do I control your time?
Unless there's a time agreed upon up front, a process server will attempt according to their schedule within the parameters of the service you paid for.
If you call later to say the person is now somewhere else may change the rate or time. The process server generally charges for one address. Multiple addresses add after the fact are chargeable.
The process server will not stake out a residence unless an hourly fee is agreed upon.
You can avoid process servers by simply not answering your door, lying about your identity, or denying residency.
However it's more delaying than avoiding. Making a process server work extra hard puts money in their pocket and sometimes the fees are added at your end. In the end, the result is the same.
They likely know ahead of time if you live there, what you drive, and where you work. It possible they also have a photo of you.
Can I Lie About My Identity
Process Servers can't make you be truthful but often times do their homework before they arrive at your doorstep. They may have information to identify you including:
Photos from the attorney or social media
Post Office Verification of residency
DMV and Vehicle information
Even if you lie, they will still leave the papers with you as a "John Doe" and document the interaction.
The process server may also have a body cam or other recording device.
Can I refuse the documents because I don't want them?
No, that is whole purpose of a summons or subpoena. They are not asking if you are willing to accept. The Process Server has an obligation to effect service if the address is valid.
The serve can't physiclally make you take the papers but they have to leave them.
In many cases, yes. There are requirements they have to meet before they can be affixed to your property.
So who is a ‘process server ? A process server is a person employed by a lawyer, or individual to deliver legal documents to you (aka serve). These documents notify you about the beginning of a lawsuit. Or alternatively, it may be a document that seeks your presence (or records) in court, also known as a subpoena.
In Rochester New York Process servers aren’t mandated to complete a course or have an exceptional education to serve legal paperwork. All they’re required to do is know and understand the laws related to serving legal documents in the state.
A process server is required to serve summons according to civil laws and regulations. While each city/state might constitute the numerous methods and timelines allowed for serving documents, the overall process is similar. Here are the steps that must be taken for documents to be legally served:
The process server will receive a copy of the documents
Prepare an affidavit of service after documents have been served
Provide the client with the affidavit for filing as proof of completion
A process server is usually hired to deliver legal paperwork to the other party in a legal battle. There are numerous types of legal documents that can be served.
The official court paperwork served to the person of interest is called ‘process.’ Suppose you’re wondering, can a process server just leave papers at your door? The truth is, they might leave a summon at your door if it doesn’t expose the content. Here’s a list of different types of documents served by a process server:
Writs, Complaints, Summonses, Subpoenas, Evictions, Petitions and many more.
Can Process Servers Break the Law
Whether a process server is carrying out their job at a place of work or a residence, breaking laws isn’t legal.
A process server isn’t allowed to harass or stalk you, but they can wait for you; this is usually called a stakeout, and if they wish to serve you with legal paperwork, they may wait outside of your home or business or other locations if necessary. They do hope it doesn't get to that but it happens.
There are situations where process servers have no choice but to leave documents with someone who might answer the door to your home. Depending on the originating state, it sometimes is allowable. Some states deem anyone over 15 as a responsible person. If the documents originate in New York, 18 is generally the target. A process server has the right to leave the documents with another adult if you are evasive and the other individual is an adult household member.
FAQs About Process Serving
There’s no limit to the number of times a process server can visit you or come to your house to serve you a summon. Every legal process server has its guidelines for how many times it will attempt to serve paperwork. In most cases, three attempts will be made at different times of the day and on different days.
Can Summons Be Left on Your Door?
Process servers can leave a summons taped outside your door, as long as it doesn’t reveal the document’s content. Each state has unique laws regarding process servers, but they must follow a few certain regulations.
The only reason why a legal process server would come to your house is to serve you or someone he believes resides there. It may be someone who was a prior resident.
A process server is supposed to ensure that the legal documents they receive are given to you face to face. However, this isn’t always necessary. If the individual serving the papers speaks to you through the door or sees you come to the door but then you return into the house, the server can leave a note or the document on the door or is even permitted to slip them under the door.
Every process server has guidelines for how late they can attempt to serve documents. They have lives too, so generally 7am-9pm is the sweet spot.