Getting served with legal documents can be stressful. Many people wonder about the process, and a common question is: would a process server call you before serving you? The short answer is usually no. Process servers generally don't call ahead. However, there are exceptions, and understanding the nuances is crucial.
Why Process Servers Typically Don't Call
The primary reason process servers don't usually call is to ensure the validity and legality of the service. A phone call could be easily ignored, misinterpreted, or even used to evade service. The goal of service is to officially notify you of the legal action, and a phone call doesn't provide the necessary proof of delivery. Successful service requires proof, typically through a signed return of service form, witnessed by the person served, or an affidavit detailing the method of service. A phone call simply wouldn't meet these requirements.
When a Process Server Might Contact You
While rare, there are circumstances where a process server might attempt contact before service:
- Difficulty Locating You: If a process server has difficulty finding you at your listed address, they might try to contact you to schedule a convenient time and place for service. This is an attempt to be efficient and avoid multiple visits. However, even in this situation, they will likely identify themselves as a process server, but would not guarantee service by phone.
- Specific Instructions from the Attorney: In some cases, an attorney might instruct the process server to attempt contact first. This is uncommon and generally only occurs if there are specific circumstances that require a more collaborative approach.
- Attempting to Avoid Costly Attempts: Process service can be costly if multiple attempts are needed. A phone call to confirm a person’s address or availability could be seen as a cost-saving measure for the client.
What to Do if Someone Claims to Be a Process Server
If someone calls claiming to be a process server, remain cautious. Request verification:
- Ask for Identification: A legitimate process server will identify themselves and provide credentials.
- Do Not Provide Information: Refrain from providing personal information or confirming your location. Any information they need must be obtained through official channels.
- Verify Through Official Channels: Check with your local court or the attorney's office mentioned in the potential lawsuit.
What Happens if You Miss Service?
Missing service doesn't automatically dismiss the case. The court will usually make attempts to locate you. Ignoring legal documents can lead to a default judgment against you, which can have significant negative consequences. If you suspect you might be involved in a legal case, it's advisable to proactively seek legal advice.
Can a Process Server Serve You at Work?
Yes, a process server generally can serve you at your workplace, provided it's a place where you regularly conduct business. However, they must follow specific guidelines and regulations regarding service at the workplace.
What if I'm Served with Documents but Don't Understand Them?
If you are served with legal documents, don't panic. Seek legal counsel immediately. An attorney can explain the documents, your rights, and the next steps you should take. Ignoring the situation will only worsen the outcome.
In conclusion, while unusual, a process server might call, but don’t expect it. Their primary objective is to serve the documents according to the law, ensuring legal compliance. The best course of action is to understand your rights, seek legal counsel when necessary, and remain vigilant about official correspondence.
