Should i avoid process server

However, a process server must follow the law for serving legal documents in California. A process server cannot break the law when trying to serve papers, such as trespassing or breaking and entering. Therefore, a process server needs to understand how to become creative at times without crossing the line and doing something they are not supposed to do. Service of process may be made by someone who is over 18 years of age and not a party to the lawsuit.

A process server in California that serves more than ten legal documents a year must be registered. They register with the clerk of court in the county in which they live, or they have their principal place of business. Businesses that intend to offer process services must also maintain a certificate of registration. Some individuals are exempt from registering as a process server. Law enforcement officers are not required to register. Attorneys and their employees and anyone who is appointed by the court to serve its process is not required to register.

In the event of physically avoiding a process server continuously, they may request a judge to allow them to leave a posting on your front door. Should a person continue to not respond to a process server, the latter may publish a notice in a local newspaper about the case. Even knowing where a person gets their morning coffee on their way to work can be helpful in tracking down an evasive person. In-person service is still considered the gold standard, and most people are served at their home or place of work.

If a process server cannot effectuate service on the first attempt, they might return at another time of day, or even wait for the person to return home from work. They may even look up the addresses of friends and family members in case the individual is staying with someone else in order to avoid being served.

Similarly, searching court records allows a process server to find out if the person has any upcoming court dates, in which case they can serve them as they leave a hearing or other court proceeding. Sometimes the usual steps are not enough to complete process service or the client is unable to provide the necessary information.

And when a person is determined to avoid being served, they might even move without providing a forwarding address, change their appearance, or switch jobs every few months. When this happens, process servers get especially creative. They may use information posted on social media to find someone at a concert or other public event, or even wait at the airport for someone to return from the vacation they posted about on Facebook or Instagram.

If a process server makes several documented attempts at completing service without success, they may advise their client to request permission for alternative service, in which the documents are served via the mail or through public notice. And while service by mail is very common, service by social media and email is slowly gaining traction throughout the United States. At DGR Legal, we were the first process service company to successfully complete service through LinkedIn and Instagram after receiving approval from the judge.

As long as the paper is circulated in the area where you live and meets certain other criteria, the court can consider you served with just an advertisement. Our professional, knowledgeable process servers make sure your documents are served quickly and correctly the first time.