What Exactly Can A Process Server Do To Serve Papers?

When a person decides to take legal action against another party, such as filing a personal injury lawsuit for damages after a car accident, they must provide the defendant with notice of the lawsuit. Typically, this is arranged by their attorney and executed by a process server.

What Process Servers Can Do

Once a process server has been licenced and hired to deliver legal notices in a specific case, there are a number of things they can (and cannot) do to complete the task. Obviously, given that many individuals dislike being sued, process servers may be tasked with serving papers to defendants who attempt to avoid detection.

In most instances, a process server will attempt direct delivery of legal notices to the defendant. During this process, process servers cannot violate the law or harass defendants. This prohibits them from opening a person’s mailbox, trespassing, or posing as a police officer. However, they may deliver legal notices to the individual’s residence or place of business, or attempt to do so in a public place.

If, after multiple attempts, the process server is unable to deliver the papers to the defendant, they may give them to another person at the defendant’s residence or place of business. The individual must be at least 18 years old. This is referred to as substitute service. In addition to delivering the documents to a third party, the legal notices will be mailed directly to the defendant.

If that fails, a process server can post the legal notice or summons on the defendant’s door at their residence or place of business and then mail it to them. Regardless of how the process server delivers the legal documents, they must provide the court with evidence of service.

Even though there are a few other obscure methods of delivering papers that process servers can pursue if none of the aforementioned methods work, they are extremely uncommon because papers are typically delivered in person or by mail.

Why You Should Always Accept and Respond to Papers Delivered By a Process Server

It can be tempting to try to avoid a process server who is attempting to deliver legal documents to you. However, avoiding the summons could exacerbate your difficulties. If a defendant fails to respond to a lawsuit within the allotted time, the judge may enter a default judgement in your favour.

This could eventually result in the plaintiff freezing your bank account or garnishing your wages. Instead of allowing this to occur, it is best to confront your legal issues with the assistance of a qualified attorney.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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