Is Process Serving Dangerous & Other Questions About Being a Process Server Answered
Pineapple Express made serving papers mainstream. Seth Rogan plays the role of Dale Denton, a process server, in Pineapple Express, Denton makes a living as a process server who has his share of run-ins with bad guys. While funny at times, the movie takes huge artistic license about the service of process profession.
As a result, the movie encourages many myths about process serving and gives rise to numerous questions for people interested in being a process server. The misconceptions, of course, need clearing, and questions about becoming a process server require answering. This is why we’ve created this guide for all the questions you may have about being a process server:
Answering Questions and Debunking Myths About Being a Process Server
What Do Process Servers Look Like and Wear?
Hollywood has portrayed Process Servers as clever actors that dress up as exterminators or mail carriers to complete a serve. In fact, Process Servers are performing an important legal function. As a result, many people ask “Why do process servers wear disguises?” The truth is that it is highly uncommon and unusual for a process server to dress up and pretend they are someone other than a person with legal papers to deliver.
Why is a Process Server Looking for Me?
Even though being served court documents is not the same as receiving a birthday gift, the Process Server is a messenger with important information designed to protect a person’s Constitutional rights. The founding fathers of the United States put rules in place about properly notifying a person when they are being sued or asked to appear in court. Without these rules, a company or person could sue you and hope that you don’t appear in court to defend yourself. Failure to appear in court would lead to a summary judgment against you, which would be highly unfair! Bottom line, the Process Server is a messenger with important information about your rights and is really there to help you.
Is Being a Process Server Dangerous and Do Process Servers Carry Guns?
Being a process server is not an inherently dangerous. Of course, there are emotionally charged situations and reluctant recipients, but, for the most part, process servers are met with understanding that they are just doing their job. False portrayals on TV and movies show process servers chasing down "bad" people and defending themselves from angry characters. This is not accurate and doesn't help the public's perception of process serving. In fact, most people receiving court papers accept service respectfully and without incident.
Do You Have to Say You've Been Served and Hand Documents to People Being Served
Contrary to popular belief, a person who delivers court documents does not need to directly put the papers into the hand of the person they are serving. There are no aggressive pronouncements like “You’ve been served!” on the job. It's standard practice to simply mention the general nature of the documents and leave them nearby if the person refuses to take them in hand. Each state has their own regulations on how and when different paperwork should be delivered, but much of the skill required in process serving is knowing what the rules are. For the most part, papers are considered served when the server explains the purpose of their visit and leaves the documentation in an accessible and visible place.
Should You Hide From and Ignore a Process Server’s Delivery?
Many people think they can avoid a lawsuit by avoiding a process server. After all, a lawsuit can't officially commence until the defendant has been given proper notice. Unfortunately, this is not a recommended course of action. Judges and their courts know these tricks and have made provisions for difficult-to-serve defendants. Just because you avoid a process server, doesn't mean you can't be served and sued. It just means the plaintiff has to opt for Plan B.
Eventually, a plaintiff can turn to Plan B which usually includes:
Leaving court papers at the defendant's home or business with a competent adult; and/or
Mailing a copy of the summons and complaint via certified mail to the defendant's home or business.
Avoiding process servers can ultimately hurt you more than help you. Sure, you may delay the lawsuit for a few weeks or months, but in the end, you're still going to be sued.
Interested in Being a Process Server? Try Proof Serve.
There you have it. Now that you know all there is to know about being a process server, you’ll be better equipped to decide whether you want to become a process server or not. Most importantly, we’re glad to have debunked the dangerous myth of process serving being dangerous. It isn’t and no legally relevant profession should be saddled with such labels.
If you’d like to become a process server, feel free to contact Proof Serve.
