A process server is someone who serves legal documents, such as subpoenas or summonses, to the recipient. In some cases, the process server may need to take pictures of your home or business to verify service. If you have received a notice that someone is attempting to serve you with legal documents and they are asking for pictures of your residence, it’s important to understand what this means and what rights you have when it comes to granting permission for photos.
What Rights Do I Have?
The law states that process servers are allowed to take photographs of the outside of your residence for verification purposes. However, there are certain restrictions on the type of photos that can be taken and how they can be used. The photos must be taken from public property (such as the sidewalk or street) and must not contain images of any people on the property other than yourself. The photos also cannot be used for any other purpose beyond verifying service.
Process servers are not allowed to enter private property to take photographs. For example, if your house is set back from the road behind a gate or fence, then the process server cannot enter that area in order to gain access to taking pictures. They can only take pictures from public viewpoints such as those mentioned above. Additionally, process servers have no right whatsoever to come inside your home or business without explicit permission from you first; if they do so without permission they could be charged with trespassing.
Are There Any Exceptions?
There are some exceptions where a process server might be allowed access to private property to take photographs; these will depend on local laws and regulations so you must check with an attorney if there is any confusion regarding this issue. In general, though, taking pictures of someone’s home without their consent is illegal unless it’s being done by a law enforcement officer in connection with an investigation or by a licensed real estate agent showing potential buyers around a home for sale (and even then only with explicit permission).
Everyone must understand their rights when it comes to having their home photographed by process servers. Generally speaking, process servers cannot take photographs from inside private property but may take them from public viewpoints as long as no one else is included in the picture beside you (or anyone else being served). It’s always best to check with an attorney if there is any confusion regarding this issue before granting permission for photos since there could be local laws and regulations which supersede general guidelines like those listed here.
At Lafayette Process Servers LLC, we possess no professional qualifications that would enable us to offer legal advice. This article is merely meant for educational purposes and does not replace the guidance of a qualified attorney. Before taking any concrete action according to your state’s laws, it is paramount that you reach out to a licensed lawyer in order ensure the proper course of action.