Things a Process Server Can Use to Get the Door Answered
Is a process server searching for you because of a court case or lawsuit? Wondering what exactly the server can do to find and serve you? In this post, we’ll cover what a process server is, some of the most common tactics process servers can use to find their target, and what is not allowed.
What Does a Process Server Do?
A process server is a person who delivers legal papers to another individual, usually through personal delivery or by mail. The process server must attempt to give the document to the recipient in person if possible. If the recipient is unavailable after multiple attempts, the server may ask for permission to serve the recipient by alternative means.
What Can a Process Servers Do to Find You?
Process servers have a lot of discretion in terms of what they can do to serve individuals with court paperwork. The following are just a few examples of things a process server can try while attempting to serve you:
Contacting People You Know
In the event that a process server attempts to serve you with a case process, your friends or relatives may be contacted. The process server may inform them who they are and why they’re looking for you. Your friends or family members might provide your contact information or tell the process server where you can be found.
Showing Up at Your Associated Addresses
In an effort to deliver you a legal document, a process server may visit any addresses connected with you. This includes your home address, job address, or any other location where you are known to frequent.
Contact Your Work
In Florida, a process server is lawfully allowed to contact your employer, notify them that you are being served, and hand off the case process to your employer. Once your employer accepts the process, you are considered served.
Snoop Through Your Social Media
Social media will give away all your secrets. Over the years, servers have gotten quite good at surprising recipients when they least expect it using social media. Finding someone using their social media posts is simple thanks to geolocation, among other features.
Serve You Even if You Refuse
Even if the process recipient refuses to take the process, a process server can still declare that they served. This is true even if the person being served never actually touches the paperwork. The server must make a reasonable effort to establish the recipient’s identity and make the recipient aware that they are being served. Once these requirements are met, the server can leave the process lying anywhere accessible to the intended recipient, even if they verbally refuse.
What is Off-Limits
Despite the fact that servers are permitted to carry out a variety of activities while looking for a process recipient, they may not participate in certain activities. Process servers should not:
This is one of the most critical ethical issues facing process servers. Any kind of deception represents an ethical transgression that may lead to their certification being revoked. This includes lying, omitting important information, and wearing disguises. It’s not only an ethics violation to impersonate a police officer or other public official – it might get you a jail sentence.
While serving papers, legal process servers must follow all laws. If they do something illegal, they may be arrested and charged with a crime. This might put their employment at risk and result in the loss of their certification.
Serve on a Sunday
In Florida, serving a summons or other legal documents on Sunday is not permitted (except in unusual circumstances and only with the approval of a judicial officer before the Sunday service attempt is made).
Give the Process to Someone Other Than the Person Named
The paperwork must be given to just the individual designated in the document and no one else, according to Florida state regulation. A judge may accept that the process is passed on to another competent adult if the server has tried numerous times and failed to locate the person named in different locations. This is called Service by Substitution.
Publicly Announce Their Targets
In the event that the process recipient cannot be identified, and the process server has looked for all other options, they may publish the paperwork in public locations like a local newspaper. This is referred to as Service by Publication. To do this, you’ll first need to obtain permission from a court.