The question of whether a process server will call you before serving you with legal documents is a common one, and the answer is nuanced. While some process servers might choose to call, it's not a standard practice, and you shouldn't expect it. In fact, relying on a phone call is risky, as it doesn't guarantee legal notification.
Why Process Servers Typically Don't Call
Process servers are bound by rules and regulations designed to ensure proper legal notification. A phone call isn't considered legally sufficient service in most jurisdictions. The primary goal is to ensure that you receive the documents officially and that there is verifiable proof of delivery. This usually involves personally handing you the documents, leaving them with a responsible adult at your residence, or using alternative methods authorized by the court.
A phone call offers no such verifiable proof. It's too easy for either party to claim a call was or wasn't made. This is why formal methods are preferred to guarantee due process and avoid disputes over service.
What Happens Instead of a Phone Call?
Instead of a phone call, a process server will typically attempt to serve you in person. This means they will show up at your home, work, or other known locations to personally hand you the documents. They will likely have some form of identification. If they are unsuccessful in personally serving you, they may explore alternative methods allowed by the court.
These alternative methods can include:
- Substituted Service: Leaving documents with another responsible adult at your residence, such as a family member or roommate.
- Service by Publication: Publishing notice of the lawsuit in a newspaper or online, if other methods are unsuccessful. This is usually a last resort.
- Certified Mail: Sending documents via certified mail, sometimes requiring a return receipt signature.
What to Do If You Receive Legal Documents
If you are served with legal documents, it's crucial to take immediate action. Do not ignore the documents. Contact an attorney immediately to discuss your options and understand the implications of the lawsuit or legal action. Ignoring the documents can lead to a default judgment against you.
Can a Process Server Leave Documents Without a Call?
Yes, absolutely. A process server is not obligated to call before serving you. They are tasked with delivering the documents according to the legal requirements and usually will make several attempts before resorting to alternative methods. The process server’s priority is legal compliance, not courtesy.
What if I Suspect Someone is a Process Server?
If someone comes to your door and you suspect they are a process server, it's advisable to ask for identification. They should be able to present themselves and their credentials properly. However, remember, they are under no obligation to announce themselves as a process server beforehand.
Could a Phone Call Be Part of a Scam?
Yes, be wary of phone calls claiming to be from a process server. Scammers often try to impersonate authority figures to extract information or money. Never provide personal or financial information over the phone to someone claiming to be a process server without verifying their identity through official channels.
In conclusion, while a process server might call you as a courtesy, they are under no obligation to do so, and it's not a standard practice. Instead, focus on understanding the legal process and responding appropriately if you are served with legal documents. Always seek legal counsel for any legal matters.
