What Can a Process Server Do and What Can’t They Do?
Process servers deliver court paperwork to their intended recipient(s), such as defendants and witnesses, being notified of their mandatory appearance in court. After a process server has “served” the recipient, they file proof of this service with the court associated with the case. Until a defendant is considered “served”, the case against them cannot proceed, so it is very important for litigants to be served promptly upon the filing of the case. But what exactly are process servers allowed to do to find and serve process recipients?
What Process Servers Can Do
Contact Family and Friends
A process server may make some calls to friends or family members of the process recipient they are searching for. During these calls, the server can disclose who they are and the reason they are looking for the process recipient.
Visit Known Addresses
A process server should research all addresses associated with the process recipient prior to attempting service. Addresses associated with the process recipient may include current and former residences, current and former employers (special conditions apply, see below), known hangouts, and more.
Call Employers
If a process server can verify that the process recipient is employed, they are allowed to contact that employer and have the process served through them while the recipient is at work. This involves handing the process off to the recipient’s supervisor, at which point it is considered “served”.
Research Online
Online sources, especially social media, provide a wealth of information for process servers searching for elusive recipients. Many states, counties, and even cities publish public information about citizens and residents online, so finding addresses from property listings or tax bills is a breeze in these places. Not only do online directories contain lots of address, phone, email, and associate data, but if the recipient uses social media, they will usually give up their own location at some point. Process servers may recognize locations from images the recipient posts, or the recipient might even tag the location in their posts. Many social media platforms also use geotags to track posts and images, and if the recipient doesn’t turn this feature off when posting, a process server may be able to find their near-exact location.
Use Alternative Service
Sometimes the process recipient just cannot be located. If, after many attempts, the process server still can’t find them, then they will likely request an alternative service. Alternative service, if granted by a judge, will allow the process server to either serve another individual in place of the named recipient or publish information about the process in a local newspaper or other public spaces for a certain amount of time. Once the conditions of the alternative service are met, the named process recipient is considered served and the case will proceed in court.
What Process Servers Cannot Do
Process servers are allowed to do many things while working, but they cannot:
Lie
Process servers must not lie about who they are or the purpose of their visit. Even if lying will likely grant them access to the process recipient that they otherwise would not have, lying is a serious ethical violation. In fact, in some cases, lying can result in a process server being barred from working in Florida.
Break the Law
Process servers are never allowed to break any laws while serving process, no matter the reason. Common criminal charges that process servers might find themselves faced with include breaking & entering, trespassing, communicating threats, or even assault. In these cases, the process server is 100% responsible for the consequences of breaking the law and the service will likely be deemed invalid.
Serve on Sunday
Serving process on a Sunday is expressly forbidden in the state of Florida except under very specific circumstances and with the approval of a judge. Any service completed on Sunday is invalid and will result in the process needing to be reserved, causing delay and expense to the case.
Serve Another Person
Unless an alternative service is first approved by a judge, it is not permitted to give the process documents to anyone other than the person named. There are some situations where spouses can receive a process for the other spouse if they reside in the same residence, but it is always best practice to only serve the named process recipient.
The Most Reputable Process Servers in Ocala
Our servers here at Accurate Serve® always play by the rules, so you’ll never have to worry about claims of improper service derailing your case. Just give us a call at (352) 278-2188 or send us a work request online to get started with the best process service agency in Ocala, Clermont, Inverness, Spring Hill, and The Villages.