The truth about process servers
In the movie Pineapple Express, Seth Rogan plays a process server named Dale Denton. Denton makes his living as a Process Servers near me who has his share of run-ins with the bad guys. While funny at times, the movie has a huge artistic license to the profession. Here are some of the myths about process servers and how they do their job:
Myth 1: Process Servers near me are disguised. Hollywood has portrayed Process Servers as smart actors who disguise themselves as exterminators or mailmen to complete a service. In fact, process servers are playing an important legal role. It is very rare and unusual for a process server to dress up and pretend to be someone other than someone with legal papers to serve.
Myth 2: A process server's job is to ruin your life. Although receiving court documents is not the same as receiving a birthday gift, Process Servers near me is an important information messenger designed to protect an individual's constitutional rights. The founding fathers of the United States established rules for 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 you won't appear in court to defend yourself. Failure to appear in court would lead to a summary judgment against you, which would be very unfair! Simply put, Process Server is a messenger with important information about your rights and is really there to help you.
Myth 3: Serving roles is dangerous work. Wrong. Process service is not inherently dangerous work. Of course, there are emotionally charged situations and reluctant recipients, but for the most part, process servers come across the realization that they are simply doing their job. False depictions on television and movies show process servers chasing "bad" people and fending off angry characters. This is not accurate and does not help the public's perception of the service process. In fact, most people who receive court documents accept service with respect and without incident.
Myth 4: Process Servers near me must deliver documents to the people they serve. Contrary to popular belief, a person serving court documents does not need to place the documents directly in the hands of the person he is serving. There are no aggressive pronouncements such as "They have served you!" It is 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 its own regulations on how and when different documents must be delivered, but much of the skill required in the service of processes is knowing what the rules are. For the most part, the works are considered delivered when the server explains the purpose of your visit and leaves the documentation in an accessible and visible place.
Myth 5: You must hide and ignore the delivery of a process server. Many people think that they can avoid a lawsuit by avoiding a process server. After all, a lawsuit cannot officially begin until the defendant has been properly notified. Unfortunately, this is not a recommended course of action. Judges and their courts know these tricks and have taken action for hard-to-serve defendants. Just because you avoid a service process does not mean that you cannot be served and sued. It simply means that the plaintiff has to opt for Plan B.
Eventually, a plaintiff can turn to Plan B which generally includes:
Leaving court documents at the home or business of the accused with a competent adult; me
Send a copy of the summons and complaint by certified mail to the defendant's home or business.
Avoiding process servers can ultimately harm you more than help you. Sure, you can delay the lawsuit for a few weeks or months, but in the end, you are still going to be sued.