How to Tell if a Process Server is Real (And Avoid Scams) ❓

 

A knock at the door. A stranger on your porch holding a manila envelope, asking for you by name. It’s an experience that can be unnerving for anyone. In a world where phone and in-person scams are increasingly common, it’s natural to be skeptical. How do you know if this person is a legitimate professional or someone trying to intimidate or scam you?

 

However, knowing the difference is crucial. At Lafayette Process Servers LLC, we believe in transparency and professionalism. A real process server is a vital part of the justice system, and their conduct should reflect that. This guide, therefore, will help you identify the signs of a real process server and the red flags that point to a scam.

 

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What a Real Process Server WILL Do ✅

 

A legitimate process server is a professional performing a necessary legal function. Consequently, their behavior should be straightforward and respectful. Here’s what you can expect from them:

 

• First, Identify Themselves and Their Purpose: They should clearly state who they are and that they are there to serve you with legal documents.

 

• Next, Attempt to Hand You Documents: The primary goal is to physically deliver the papers to you. They will try to hand you the documents, but if you refuse, they may leave them at your feet or in a conspicuous place.

 

• Furthermore, Serve You at Home, Work, or in Public: It is perfectly legal for a process server to serve you at your residence, your place of employment, or any public place.

 

• Also, Serve Another Person on Your Behalf (Sometimes): In Louisiana, this is called domiciliary service. A server can legally leave the documents with a person of suitable age and discretion who lives in the same residence as you. Courts recognize this as a valid and common form of service.

 

• Above all, Remain Calm and Professional: A real process server is a neutral third party. They have no emotional investment in the case and should not be aggressive or threatening.

 

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Red Flags: What a Real Process Server WILL NOT Do 🚩

 

On the other hand, scammers rely on fear and high-pressure tactics. If you experience any of the following, you are likely dealing with a scam.

 

• Ask You for Money: This is the #1 red flag. The client (the person filing the lawsuit) pays the real process server. Therefore, a server will NEVER ask you for cash, a gift card, or any form of payment to “settle the case.”

 

• Threaten You with Arrest: A process server is a civilian, not a law enforcement officer. For this reason, they have no authority to arrest you or threaten you with an immediate warrant. Talk of “sending the sheriff” is a classic intimidation tactic.

 

• Serve You by Phone or Text: While an attorney might call you, in Louisiana, the law almost always requires the server to perform the initial service of a lawsuit in person.

 

• Ask for Sensitive Personal Information: They will not ask for your Social Security number or bank account information because they are there to deliver information, not to collect it.

 

• Refuse to Show You the Documents: A professional should be open about the documents they have. If they are evasive, you should be suspicious.

 

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How to Verify a Process Server in Louisiana

 

If you have any doubts, you have every right to verify the legitimacy of the service.

 

1. First, Examine the Documents: The papers themselves are your best source of information. They should look official and contain a case number, the court’s name (e.g., 15th Judicial District Court), and the plaintiff’s attorney information.
2. Second, Ask for Identification: You can ask the server for their name and the company they work for (e.g., “Lafayette Process Servers LLC”). A professional will not be hesitant to identify themselves.
3. Third, Contact the Clerk of Court: 📞 If you’re still unsure, you can call the Clerk of Court for the court listed on the documents. Then, you can provide the case number and ask if a lawsuit with that number has been filed.
4. Finally, Call the Attorney: The plaintiff’s attorney’s name and phone number will be on the summons. Calling their office is a quick and easy way to confirm the case is real.

 

Being served with legal papers isn’t a pleasant experience, but it is a necessary part of our legal system. Knowing these signs can give you peace of mind and protect you from fraudulent scams. Ultimately, at Lafayette Process Servers LLC, our professionalism is our promise.

 

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Sources & Helpful Resources

 

• Lafayette Process Servers LLC: Your local resource for professional, verifiable, and ethical service of process in the Acadiana area. (Link is a placeholder).

 

• Federal Trade Commission (FTC) – How to Avoid a Scam: Provides official tips from the U.S. government on recognizing and avoiding common scams.

 

• Louisiana Code of Civil Procedure Art. 1234: The specific state law explaining the rules for “domiciliary service” (serving someone at their home).

 

• Louisiana Attorney General – Consumer Protection: Offers resources and information on protecting yourself from fraud in Louisiana.

 

• National Association of Professional Process Servers (NAPPS): The leading professional organization, outlining the ethical standards for legitimate process servers.

 

• Streamline Your NOLA Litigation: Your Process Server & Courthouse Runner for Orleans Parish Civil District Court 🏛️

 

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Legal Disclaimer

 

This blog post provides information for general informational purposes only and does not constitute legal advice. If you have been served with a lawsuit, you should consult with a qualified attorney to discuss your rights and options.