What You Need to Know About What a Process Server Can and Can’t Do in California
The main job of a process server is to deliver legal documents to an individual or party to notify them that an action has begun or that a document has been filed in their case. This person must be over 18 years old and cannot be an involved party in the given lawsuit. Here is what you need to know about what a process server can and can’t do in California.
A process server that has served 10 or more legal documents in a given year must be registered in California. They are not required to complete a course or have a certain degree of education to serve legal documents. Process servers are responsible for knowing the law relating to serving legal documents in California.
Related: How to Serve Divorce Papers in California
Process Servers: What They Can and Can’t Do
Process servers have to serve legal documents in a specific manner. Process servers cannot and should not deviate from such guidelines. Here are some examples of what process servers can and can’t do:
Stakeout a Person
A process server can stake out an individual. While they cannot harass or stalk a person, process servers are legally allowed to wait outside of a home or business and wait for a person to exit. Process servers are also allowed to wait outside the individual’s friend or family member’s home if they believe that the individual will visit.
Leave papers with a minor
A process server cannot leave papers with a minor. Although it may be tempting to leave documents with the first person that answered the door, leaving legal documents with a minor is illegal. If the individual in question is absent from the home, process servers are allowed to leave papers with any other person in the house over the age of 18.
Pretending to be a law enforcement officer
A process server cannot pretend to be a law enforcement officer or another court official to force the person to answer the door or to collect the document. It is illegal for the process server to pretend to be another official to compel the individual to do what the process server wants.
Using threats or harassment
A process server cannot use threats or harassment to force an individual to answer the door or to accept legal documents.
Breaking and Entering
A process server cannot break and enter a home. If the process server is unable to reach the individual due to the fact that they will not answer the door, they can wait until the individual leaves their home to serve them with legal documents. However, forcefully entering a home, such as unlocking a back gate to get into the house, is trespassing and is illegal.
FAQs About What A Process Server Can and Can’t Do
Can an individual ignore a process server?
Although individuals can attempt to ignore process servers, the court will never give up on serving legal documents. A process server may have to utilize non-traditional techniques to get an individual to receive their papers, and the papers will likely be served no matter what.
What happens if you ignore the process server?
A process server cannot force someone to answer the door. However, a process server will continue to come back until the individual decides to answer the door. As above mentioned, process servers can wait outside a person’s home, the homes of their family members, and the homes of their friends.
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If you have any more questions about what a process server can and can’t do in California, contact us. Get your free consultation with the most qualified attorney for your unique legal situation!