A stranger is at your door, knocking persistently. They say they’re a process server and have legal documents for you, but their presence feels intrusive, and you’re uncomfortable. In a moment of stress or fear, your first instinct might be to call the police. But is that the right move?
It’s a valid question. Knowing your rights and understanding the legal boundaries of a process server’s job is crucial. At Lafayette Process Servers LLC, we operate with the highest standards of professionalism and believe in educating the public. This guide will clarify when a process server is simply doing their job and when their actions cross a line that may warrant a call to law enforcement.
Understanding the Legal Role of a Process Server ⚖️
First, it’s important to understand that a professional process server has a legal right and duty to deliver—or “serve”—court documents. This act of service is a fundamental part of the justice system. Because of this, they have more legal leeway than a salesperson or a casual visitor.
- They are not soliciting: They are performing a necessary function of the court.
- Avoiding them doesn’t help: Ignoring a process server doesn’t make a lawsuit disappear. It simply delays the legal process and can sometimes lead a judge to approve alternative methods of service.
A legitimate process server’s goal is to deliver the documents professionally and leave.
When You Generally SHOULD NOT Call the Police 🚫
A process server’s job requires persistence. While it can feel intrusive, the following actions are generally legal and not grounds for calling the police:
- Knocking on your door or ringing your doorbell: This is the primary way they attempt to make contact. They are allowed to be persistent.
- Waiting on your porch or walkway: A process server is generally permitted to be on parts of your property accessible to the public (like a path to the front door) to attempt service. This is not considered trespassing.
- Approaching you at your workplace: Serving someone at their job is a common and legal practice, especially if they are difficult to find at home.
- Handing you papers in a public place: You can be legally served anywhere—at a grocery store, a park, or on the street.
- Returning at different times: If they miss you in the morning, a professional server will often return in the evening or on a weekend to make a successful delivery.
In these situations, the server is acting within the legal scope of their duties. Calling the police would likely result in the officers explaining that the server has a right to be there.
When You ABSOLUTELY SHOULD Call the Police 🚓
While professionals operate within the law, there are clear lines that should never be crossed. You should call the police immediately if a person claiming to be a process server does any of the following:
- Threatens you with physical harm or violence: Any threat is illegal and should be taken seriously.
- Tries to force their way into your home: A process server cannot legally enter your private residence without your explicit permission. Pushing a door open or forcing entry is breaking and entering.
- Damages your property: If they are kicking your door, breaking a window, or destroying anything on your property, they are committing a crime.
- Impersonates a police officer or law enforcement agent: A process server is a civilian. If they claim to be a deputy, flash a fake badge, or threaten you with immediate arrest, they are breaking the law.
- Demands money from you: This is the #1 sign of a scammer. A real process server is paid by their client. They will never ask you for cash or payment to “make the case go away.”
- Stalks or harasses you: There is a difference between persistence and harassment. If someone is following you for days, showing up at your children’s school, or appearing at unreasonable hours (like the middle of the night), their behavior may have crossed into illegal harassment.
A Better Alternative: What to Do If It’s Not an Emergency ✅
If you feel uncomfortable but the server’s actions don’t rise to the level of a crime, you have better options than calling the police:
- Simply accept the documents. This is the easiest way to conclude the interaction. Remember, accepting papers is not an admission of guilt; it is simply an acknowledgment that you have received them.
- Verify the documents and their identity. Look at the papers. They should have a court, a case number, and an attorney’s contact information, which you can call to verify.
- Hire an attorney. If you know a lawsuit is pending, an attorney can often accept service on your behalf. This will stop all future service attempts at your home or work.
At Lafayette Process Servers LLC, our commitment is to perform our duties effectively, legally, and with the utmost professionalism. We understand that being served is stressful, and our goal is to execute this necessary legal step without causing undue alarm.
Sources & Helpful Resources
- Louisiana RS 14:63 – Criminal Trespass: State law defining what constitutes criminal trespass.
- Louisiana RS 14:100 – Impersonating a Police Officer: The specific law making it illegal to falsely act as a peace officer.
- Federal Trade Commission (FTC) – Fake Debt Collector Scams: Information on scams that often involve threats and demands for money, similar to process server scams.
Legal Disclaimer
This blog post is for informational purposes only and is not legal advice. The line between persistence and harassment can be complex. If you feel you are in danger, you should always contact law enforcement. For legal advice regarding your specific situation, please consult a qualified attorney.
Recent Comments
Archives
- September 2025
- August 2025
- July 2025
- May 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- June 2023
- May 2023
- March 2023
- January 2023
- October 2022