Receiving a call from a special process server can be alarming. It immediately raises concerns about legal matters and potential lawsuits. While it's impossible to definitively know the reason without more information, this article explores the most common scenarios that lead to a special process server contacting someone. Understanding these possibilities can help alleviate anxiety and guide your next steps.
What is a Special Process Server?
Before diving into the reasons for a call, it's important to understand what a special process server does. Unlike regular mail, which might not guarantee delivery, a special process server is a professionally licensed individual tasked with ensuring legal documents are delivered personally to the intended recipient. This ensures proper notification and compliance with legal procedures. They're often hired when standard mail delivery methods are insufficient or when personal service is legally required.
Why Would a Special Process Server Contact You?
There are several reasons why a special process server might call you. Let's explore the most common:
1. To Schedule Service of Legal Documents:
This is the most probable reason. The server needs to arrange a convenient time and place to personally hand you legal documents. These documents could include:
- Summons and Complaint: This initiates a lawsuit against you.
- Subpoena: This requires you to appear in court or provide testimony or documents.
- Other Legal Notices: This can encompass various legal actions, ranging from debt collection to eviction notices.
The server will likely identify themselves and explain the nature of the documents. They will want to confirm your identity and schedule a meeting.
2. To Confirm Your Identity and Address:
Before serving documents, process servers need to verify the recipient's identity and current address to ensure proper service. A phone call is a common way to confirm these details, especially if they have difficulty locating you or have some uncertainty about your precise address.
3. To Confirm Your Availability:
Process servers are often on tight schedules. To make their job more efficient, they'll want to make sure you're available to receive the documents at the appointed time. This avoids wasted trips and helps ensure prompt service.
4. To Inform You of an Upcoming Court Date (Less Common):
While less frequent, a server might occasionally call to inform you of a court date, although this is more likely handled through official court notices. However, it's still possible, especially if the case is in its early stages and direct communication is needed to prevent unnecessary delays.
5. To Attempt Service in Cases of Evasion:
If the server has been unable to personally serve you after multiple attempts, they may call as a last resort to try and arrange service and avoid further legal action.
What Should You Do if a Process Server Calls You?
- Remain Calm: Panicking won't help. Try to collect your information and address the situation calmly and rationally.
- Identify Yourself: Confirm your identity to the server, but be wary of divulging excessive personal information beyond what is necessary.
- Ask Questions: Ask the server for their name, the agency they work for, and the nature of the documents they intend to serve. This will help you verify their legitimacy.
- Don't Ignore the Call: Ignoring the call will not make the legal issue go away. It will likely escalate the situation and potentially lead to additional legal ramifications.
- Seek Legal Counsel: If you're served with legal documents, immediately consult an attorney. They can advise you on your rights and the best course of action.
Receiving a call from a special process server can be stressful, but understanding the reasons behind the call can help you navigate the situation more effectively. Remember, prompt action and seeking legal advice are crucial in handling such matters.
