Would a Process Server Call You? Understanding Process Service Methods
The short answer is: maybe, but probably not. While some process servers might make a preliminary phone call, it's far from standard practice and often considered undesirable by both the server and the recipient. Let's delve into why.
Why Process Servers Rarely Call Before Serving Papers
Process servers are primarily focused on legally and successfully delivering legal documents. A phone call introduces several complications:
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Legal Requirements: The method of service is usually dictated by the specific court rules or statutes involved. A phone call alone doesn't fulfill the legal requirement for proper service. The server needs to provide proof of service, which usually involves personal delivery, certified mail, or other specified methods. A phone call offers no verifiable proof of service.
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Avoiding Obstruction: A phone call gives the recipient a chance to avoid service, potentially delaying or complicating the legal process. The recipient might refuse to cooperate, claim to be unavailable, or even evade the server entirely.
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Maintaining Impartiality: A phone call could be perceived as an attempt to negotiate or influence the recipient, potentially compromising the server's neutrality. Process servers are expected to remain impartial and simply execute their duties according to the law.
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Efficiency: Making phone calls to numerous individuals before attempting service adds significant time and expense to the process. This inefficiency is generally avoided to keep costs down for the client who hired the server.
When a Process Server Might Call
There are limited circumstances where a process server might initiate a phone call:
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To Schedule Service: In some cases, a server might try to contact the recipient to arrange a convenient time for service if the recipient has a particularly demanding schedule (e.g., a high-profile individual or someone with a known erratic schedule). Even then, this is not guaranteed and more likely to be done only after other attempts at service have failed.
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To Confirm Information: Before attempting service, a server might call to verify an address or other identifying information to ensure they are serving the correct individual. This is infrequent and done only when essential to ensure accurate service.
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Post-Service Confirmation (Rare): Extremely rarely, a process server might call after service has been completed, simply to confirm receipt of the documents. This is not typical or required.
What to Do If You Receive a Call from Someone Claiming to be a Process Server
If you receive a call from someone identifying themselves as a process server, be cautious. Do not admit to being the person they are seeking, and do not discuss the details of the case over the phone. Instead:
- Ask for identification and written verification of their claim: A legitimate process server will have proper identification and documentation. Ask for specific details about the case, but don't provide any information beyond confirming your identity.
- Get their contact information and call back: Don't engage in a lengthy conversation. Take their information and contact them through official channels (if possible).
- Consult an attorney: If you're uncertain about the legitimacy of the call or are concerned about the nature of the legal documents, contact an attorney immediately for guidance.
In summary, while a process server might call, it's far from the usual practice. Any such call should be treated with caution and verified through official channels. If you're expecting legal documents, the most common method of service is in-person delivery.
