What Is a Process Server Allowed to Do?
A process server is a support role in the legal and court system. Process servers hand deliver official court and legal documents such as subpoenas, summons, complaints, and more to individuals involved in court cases. The method of service depends on the document being served and the parties involved. For example, if the attorney anticipates that the person might refuse to open the door for a process server, he might choose to use a sheriff’s officer to serve the complaint.
This means he or she cannot serve papers or gain access to a building under false pretenses. He or she must be forthcoming with who they are and why they’re looking for the defendant but being general about who you are and why you are there is allowed. Although you may have seen a process server do something similar on television, they cannot pretend to be part of the law enforcement. They cannot tell a party who refuses to open the door that they are the police, sheriff or any member of law enforcement and that they need them to open the door. An order of the court for a witness to appear at a particular place and time.
To be a process server you must be over 18 years old, and not a party to the lawsuit. This means that while this person could be a professional process server, they might also be a county sheriff or even a friend. Every state has different laws when it comes to process servers, but overall, they must follow a few specific regulations.