WHAT IS A PROCESS SERVER ALLOWED TO DO?

Author: A Barnes 12/21/2020 Constable Court Services

WHAT IS A PROCESS SERVER ALLOWED TO DO - 5 THINGS TO REMEMBER

What is a Process Server allowed to do?

The Process Server is allowed to make as many attempts as necessary to serve the court documents. Most courts do not restrict the time, day, and hour for which a Process Server can come to your house. However, the court can give the Process Server up to as much as 180 days to serve the court documents, depending on the jurisdiction. Lots of Attorneys and Clients pay extra to have the Process Server to expedite the service. Rush and Same Day service has become a big demand in the Process Server Industry. I must make you aware that a Process Server really can’t predict the availability of the defendant. The things that look to be simple and easy can become the Server’s nightmare.

The Plaintiff or his/her Attorney does not set the precedence in how the law says service of process must be completed. The Summons is issued by the court and no one can supersede the order or manner in-which the summons is executed. The law is written to what the process server is allowed to do. There are special circumstances to which a summons can be served, such as a special order to post the premises, but the determination comes from the court and not the Attorney. Here is what the Process Server is allowed to do:

  1. A Process Server can come to your residence any time of day. 
  2. Most lawyers will ask the Process Server to go within reasonable hours. However, the Attorney understands that in most states the laws are set for the process server to go at any time, 24/7 to execute service.  The Process Server will have to articulate to the court, his or her reason for service at awkward hours. 
  3. A Process Server can serve you almost anywhere in the United States, except in some US District Courtrooms, but the court officer or Attorney of record can do so. 
  4. In Civil Matters (predicated on 9/11) Process Servers can not render service in a federal building without pre-authorization. In most cases, if the Defendant does not give consent authorization is not granted. 
  5. A Process Server can go to your job. 
  6. A Process Server can wait for you. 
  7. A Process Server can serve someone who resides with you who is over the age of 18 years old. Some jurisdictions are 16 years old. 
  8. You can be served by certified mail.
  9. My favorite is, Notice can be given by email. Special circumstances. DC Process Servers are familiar with this process and use it all the time. Constable Court Services and Torri Legal Services.
  10. Court documents can be dropped on the ground in front of you. Service is not required to be in your hand.

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