Process Servers and Trespassing: What You Need to Know

When you need papers served, it can be frustrating trying to hunt down the individual and get them served accurately and in a timely manner. Some people avoid being served because they know that the court case is coming and they want to avoid it. When that happens, it is important to know the limits of the process server. When someone has “no trespassing” signs put up, what does that mean to the process server?

No Trespassing

If someone has a “no trespassing” sign posted on their property, a private process server cannot enter the property. Even though they are serving in an official capacity, private process servers are still civilians and must obey all of the same laws that apply to you and everyone else. This means that if someone has these signs posted, the process server must find the individual somewhere else, such as at their place of employment, to serve them.

Sheriffs’ Departments

If you can’t get papers served any other way, a sheriff can go onto private property in their official capacity, even when trespassing signs are posted. This can be one way to get around the problem and get the papers served. However, sheriffs’ departments are overloaded and overworked, and it could take some time before your papers get served.

Alternatives

If your private process server can’t serve your papers at the place of residence, there are other options. There are few rules about when and where an individual can be served. If you know their place of employment or activities that they do on a regular basis, you can have them served at those locations instead.

If you are having trouble getting papers served in your case, we can help. Contact us today for more information or to get started.