Do Process Servers Call You Before They Serve You?
The short answer is: generally, no, process servers do not call you before serving you. This is because the purpose of service is to officially notify you of legal action, and a phone call wouldn't provide the same legal standing as proper service of process. However, there are some nuances to this rule, and understanding them is crucial.
Why Process Servers Don't Typically Call Ahead
The legal system relies on documented proof of service. A phone call leaves no verifiable record. The process server must follow specific procedures dictated by the jurisdiction (state or federal) to ensure that service is legally valid. These procedures typically involve personal delivery, substituted service (leaving documents with a responsible party at your residence or business), or service by mail (in specific circumstances). Each method requires documentation and often includes a signature or other verification. A simple phone call can't fulfill these requirements.
Exceptions: When a Process Server Might Attempt Contact
While it's uncommon, there are situations where a process server might attempt to contact you beforehand. This isn't to warn you about the impending service, but rather to facilitate the service process. For example:
- Locating You: If the process server is having difficulty finding you, they might attempt to contact you to determine your whereabouts. This is to efficiently serve you and avoid unnecessary delays or costs. They won't reveal the nature of the legal action, however.
- Scheduling Convenience: In some instances, especially with busy individuals or corporations, the server might attempt to coordinate a convenient time to serve you, but they will not reveal the purpose of the visit. Think of it as scheduling the "delivery" of legal documents, not a warning. This is rare, but can occur in commercial litigation.
- Substituted Service: If personal service is impossible, the process server might try to contact someone at your residence or business to arrange substituted service. This involves leaving documents with a responsible party.
What Happens if You Miss a Process Server?
If a process server attempts to serve you and you're not available, they will likely make multiple attempts. The specifics vary by jurisdiction, but they'll generally leave a notice or attempt alternative methods of service, including substituted service or service by mail if allowed. Ignoring a process server will not make the legal action disappear. It will likely prolong the process and potentially lead to negative consequences, such as default judgments against you.
What to Do if Someone Claims to be a Process Server
If someone contacts you claiming to be a process server, remember they are unlikely to identify the case details over the phone. Do not give them any personal information. You should be cautious of anyone who demands immediate payment or threatens you over the phone. Legitimate process servers follow strict guidelines and procedures. If you have doubts, contact an attorney to discuss the situation.
How to Find Out if You Have Been Served
If you're concerned about potential legal action, you can check the court records in your jurisdiction. Each courthouse has different procedures for accessing their records (online, in-person, etc.).
In conclusion, while some rare instances might involve preliminary contact, process servers generally do not call you before serving you. The service of process is a formal legal action, and proper notification requires adherence to specific legal procedures that a phone call simply cannot meet. Always seek legal counsel if you have been served or suspect legal action.
