Will a Process Server Call You? Understanding Process Service Methods
The short answer is: sometimes, but not always. Process servers employ various methods to serve legal documents, and a phone call is just one of them. Understanding how process servers operate is key to knowing what to expect.
While some process servers might call beforehand to schedule a convenient time to serve the documents, this is not standard practice, nor is it legally required. In fact, many jurisdictions specifically discourage or prohibit such pre-service contact to avoid influencing or compromising the process. The goal is to ensure legal service is delivered fairly and accurately, without any prior collusion or manipulation.
Why a Process Server Might Call
There are a few situations where a process server might call you before serving the papers:
- Scheduling Convenience: In some cases, particularly for individuals with busy schedules or specific accessibility needs, a process server might call to arrange a mutually agreeable time and place for service. This is more common in civil cases, and less likely in urgent matters.
- Confirming Identity and Address: The server may call to confirm the correct address and identity of the recipient to ensure they serve the right person. This is particularly important when there are multiple individuals with similar names residing at the same address.
- Preliminary Information Gathering: Some servers may make a preliminary contact to gather additional information which might make service easier or more efficient, however, this is generally not the norm.
Why a Process Server Probably Won't Call
There are several reasons why a process server is unlikely to call before attempting service:
- Avoiding Circumvention: A prior call could allow the recipient to evade service, which defeats the purpose of the legal process.
- Maintaining Impartiality: Pre-service contact could be seen as influencing the situation and compromising the neutrality of the process server.
- Efficiency: Process servers often have busy schedules and serving numerous documents daily. Phone calls for each case would add significant time and inefficiency.
- Legal Requirements: Some jurisdictions have specific regulations regarding how and when process servers can interact with the recipient, and initiating contact before service might violate these rules.
What to Do if You Receive a Call from Someone Claiming to Be a Process Server
If you receive a call from someone claiming to be a process server, remain calm and proceed cautiously. Do not admit to anything or provide unnecessary information. Here's what you should do:
- Ask for Identification: Request identification and verification of their status as a process server. They should be able to provide proof.
- Verify Their Information: You can typically confirm the authenticity of a process server through your local court or the law firm that hired them.
- Consult Legal Counsel: If you are concerned or unsure about the legitimacy of the call, immediately consult with an attorney. They can provide guidance and represent your best interests.
What Happens After Service?
Regardless of whether a process server contacts you beforehand, you will typically receive a copy of the legal documents and proof of service. This proof confirms the date, time, and method of service, which is vital in the legal process.
In short, while a phone call can precede process service, it's not the typical or expected practice. If you're served with legal documents, understand your rights, and seek legal counsel if needed.
