If you’re involved in a legal dispute, you may be wondering if a process server will call you before they serve you with legal papers. The answer is not straightforward and depends on various factors. In this blog post, we will explore the rules and practices related to process serving and discuss whether process servers call before serving you.
What is process serving?
First, let’s define process serving. It is the legal procedure in which a process server delivers legal papers, such as summons, complaints, and subpoenas, to an individual or organization involved in a court case. The process server must deliver the papers in person to the defendant or a representative authorized to accept documents on their behalf.
Do process servers call before serving you?
In most cases, process servers do not call before serving legal papers. The reason is that they want to catch you off-guard so that you cannot dodge the service. However, some process servers may call in advance to confirm your current address or schedule a convenient time to serve the papers. It is essential to note that some states require process servers to make attempts at personal service before resorting to alternatives like leaving the papers with someone at your home or work.
Can process servers impersonate someone else?
No, process servers cannot impersonate someone else to serve you. It is illegal, and unethical, and can result in the invalidation of the service. Therefore, if someone shows up pretending to be someone else, you have the right to verify their identity and credentials before accepting the legal papers.
What happens if you avoid service?
If you avoid service, the process server may resort to alternative methods to deliver the legal papers, which may include posting the documents on your front door, mailing them via certified mail, or publishing them in a local newspaper. However, avoiding service may only prolong the legal process and may even result in a default judgment against you if you fail to respond to the legal papers.
What should you do when served with legal papers?
When served with legal papers, you should contact an attorney as soon as possible to understand your legal rights and options. It is also crucial to review the papers carefully to ascertain the nature of the legal claim against you and the deadline for responding. Failure to respond or seek legal counsel may result in a default judgment or other legal consequences.
In conclusion, process servers may or may not call before serving legal papers, depending on the circumstances. Nonetheless, avoiding service or ignoring legal papers can only exacerbate the legal dispute and affect your rights. Therefore, we recommend that you cooperate with the process server and seek legal advice promptly if served with legal papers. Remember, the earlier you act, the better your chances of achieving a favorable outcome in your legal matter.
Kindly note that Lafayette Process Servers LLC is not qualified to offer legal advice. The information given in this article is solely for educational purposes. We suggest you seek the guidance of a certified lawyer to ensure compliance with the regulations and laws of your state before taking any action. It is essential to note that Lafayette Process Servers LLC is a certified, court-appointed, and insured process server.