Process servers have a particular function in the legal and judicial system. They deliver documents and important papers to relevant parties to inform them of court cases or legal actions that affect them.
Those assigned by the court to act as process servers do a lot of research and investigation to ensure that the documents are delivered to the right person at the correct location.
But would they call you before they deliver these papers?
A Fraud or a Genuine Process Server?
People sometimes receive calls from alleged process servers telling them to be present at a certain time and date to receive an important legal document. Though it is not unheard of for a process server to contact a recipient by phone, this is not the usual way they conduct their business.
Some of these alleged process servers use non-local numbers and ask recipients to send money or call another number for further instruction. The caller is almost certainly a scammer if they make any threats or demand money.
Real process servers sent by the court will simply go to your principal residential address to deliver the documents. They do not threaten recipients for any reason or ask for any kind of compensation before completing their task.
Most process servers do not contact recipients by phone. If they do, it is only to confirm that you currently reside in your last known address.
What To Do If A Process Server Calls You
If a process server does call you, do not give them your contact details, social security number, or even address. They should have that information on hand if they were tasked to serve you legal papers.
Contact local authorities immediately if your conversation with an alleged process server devolves to threats, harassment, or demands for money.
If the caller is a legitimate process server, they will arrange a time to deliver the documents without asking for any additional information or compensation. They might leave a voicemail to ensure that you will be present on the date specified but will not harass or threaten you with any legal action.
What Can Process Servers Do?
It is illegal to threaten or harass a person being served with legal papers. A process server can wait peacefully outside the party’s home or place of work to deliver the documents in person.
Once the documents are delivered, two copies of the Acknowledgement of Receipt must be accomplished. One is for the recipient, and the other is for the court, which must include the recipient’s signature. This informs the court that the relevant party has received the papers on the specified date. The process server will take this receipt and file it in court.
Process Servers Help the Courts
Courts need lawyers, the police, investigators, and process servers to ensure that the law is dispensed justly. Unfortunately, some malicious parties use people’s fear of the law to take advantage of them.
If a process server contacts you by phone, be on your guard immediately. Authentic process servers already have the information they need to deliver legal papers to your place of residence or work. If you are harassed, or there is an attempt to extort you, contact authorities immediately.
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. Process serving laws and rules of civil procedure are different from state to state. If you seek further information about this topic, please make sure to contact an attorney in your local area
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