Process servers are a vital part of the legal system, responsible for ensuring that legal documents are delivered to the appropriate parties in a case. However, despite their importance, there are many misconceptions about what process servers do and how they operate. These myths can lead to misunderstandings about the process serving profession. Let’s take a closer look at the top five common misconceptions about process servers and the reality behind them.
5 Common Misconceptions About Process Servers
1. Process Servers Only Serve Papers
One of the most common misconceptions is that process servers only serve legal documents, such as summonses or subpoenas. While this is a significant part of their job, process servers do much more. They are often involved in tracking down individuals who are hard to locate, a task known as “skip tracing.” They may also file court documents, provide affidavits of service, and sometimes testify in court about the service of documents. Their role is much more comprehensive than just handing over papers.
2. Process Servers Can Break the Law to Serve Papers
Some people believe that process servers have the authority to do whatever it takes to serve documents, including breaking the law. This is far from true. Process servers must adhere to strict legal and ethical guidelines in their work. They cannot trespass on private property, use force, or engage in deceptive practices to serve documents. All their actions must comply with the law, and any violation can result in legal consequences for the server.
3. Process Servers are Only Used for Lawsuits
Many people think process servers are only involved in serving documents related to lawsuits. However, their work spans a wide range of legal matters. In addition to lawsuits, process servers deliver documents for evictions, divorces, child custody cases, debt collections, and more. They play a crucial role in a variety of legal processes, making them an essential part of the justice system.
4. You Can Avoid Being Served by Ignoring the Process Server
A common myth is that you can avoid legal proceedings by simply dodging the process server. In reality, avoiding service does not prevent the legal process from moving forward. If personal service is unsuccessful, alternative methods like substitute service or service by publication can be used. In some cases, the court may even allow the case to proceed without the person being served directly if it can be shown that the individual is evading service.
5. Process Servers are Aggressive or Intimidating
Movies and television often portray process servers as aggressive or intimidating individuals who will do anything to serve documents. In truth, most process servers are professional, courteous, and discreet. They understand the sensitive nature of their work and strive to serve documents in a manner that is respectful and compliant with legal standards. Their goal is not to intimidate but to ensure that the legal process is carried out properly.
Understanding the Role of Process Servers
Process servers are often misunderstood due to these common myths. However, their role is critical in ensuring that the legal system functions smoothly and fairly. By debunking these misconceptions, we can better appreciate the work they do and the importance of their adherence to legal standards and ethical practices.
