If a process server is attempting to get pictures of your home or business as part of their service, you must understand the implications and your rights regarding granting permission for these images. After all, they are trying to serve you with legal documents like subpoenas and summonses! So if someone has notified you about this situation – take some time to learn what it means before taking any action. That way you can make sure everything is done properly so that there won’t be any complications later on.
What Rights Do I Possess When it Comes to Process Servers?
The law outlines that process servers are permitted to take photographs of the facade of your residence for service verification. Nevertheless, there exist regulations on the images taken and how they can be employed. The photos must exclusively be captured from public space (e.g., sidewalk or street) while preventing any image capture that includes individuals other than you in the vicinity. Such pictures also cannot be utilized for anything else apart from confirming service delivery.
Process servers are not allowed to enter private property to take photographs. For example, if your house is set back and only accessible by a gate or fence, the process server cannot come onto that area of your property to take pictures. They can only take pictures from public viewpoints such as sidewalks or streets. Additionally, process servers never have the right to come inside your home or business without explicit permission from you; if they do so without permission they could be criminally charged with trespassing.
Are there any exceptions? In certain cases, a process server may have entry to private property to take pictures; this varies based on your area’s laws and regulations. If you’re not clear about the issue, make sure you talk with an attorney before proceeding. Generally speaking though, it is unlawful to snap photos of someone’s house without authorization—unless it’s done by law enforcement personnel in connection with their mission or approved real estate agents showing interested buyers around a listed home (and only after explicit consent).
To ensure that everyone is aware of their rights, it’s essential to comprehend the photo-taking protocols when process servers come to your residence. Typically, photos can only be taken from public places outside the private property and should not include anyone other than the person (or people) being served. Before giving permission for pictures to be taken, make sure you consult a lawyer in case there are local laws or regulations which supersede these general rules.
At Lafayette Process Servers LLC, we cannot provide any legal counsel or advice as none of us are qualified professionals. This article is intended for informational purposes only and does not substitute the expertise of a certified attorney. To be sure that your course of action adheres to your state’s laws, make sure to consult with an experienced lawyer first before taking any decisions.