The short answer is: sometimes, but not usually. While process servers aren't obligated to call before serving you, some may choose to do so depending on their approach and the specifics of the case. Let's explore the nuances of process service and why a call might—or might not—happen.
Why a Process Server Might Call
There are several reasons why a process server might attempt to contact you before serving legal documents:
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Efficiency and Ease of Service: Contacting you beforehand can significantly increase the likelihood of successful service. If they know you're home or available at a specific time, they can avoid wasted trips and ensure efficient service. This saves the process server time and money.
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Avoiding Ambiguity: A phone call allows them to verify your identity and address, preventing potential issues with improper service. This is particularly important if you share your address with others.
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Courtesy and Professionalism: Some process servers prioritize a professional and courteous approach. A call can be a simple way to inform you of their impending arrival, minimizing any surprise or potential anxiety.
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Specific Instructions from the Client: The attorney or individual hiring the process server may explicitly instruct them to try and make contact first. This is often the case in more sensitive situations.
Why a Process Server Likely Won't Call
There are also several reasons why a process server may not call beforehand:
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It's Not Required: Process servers are not legally required to contact you before serving you with legal papers. Their primary goal is to serve the documents according to the rules of civil procedure, which don't mandate prior notification.
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Maintaining Confidentiality: In some instances, contacting you beforehand could jeopardize the integrity of the legal process or compromise the confidentiality of the case.
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Difficulty in Contacting You: Sometimes, process servers have difficulty reaching individuals by phone. They may try various methods, including multiple calls at different times, but eventually opt for other service methods.
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Time Constraints: The server might be working under strict deadlines, leaving little time for phone calls before attempting service.
What to Do If You Receive a Call from Someone Claiming to Be a Process Server
If you receive a call from someone who identifies themselves as a process server, it’s crucial to proceed cautiously:
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Ask for Identification: Request their official identification and licensing information. Legitimate process servers will be able to provide this.
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Verify Their Identity: Check with the court or the attorney's office named in the potential case to confirm the server's legitimacy.
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Don't Admit Guilt: Do not admit to any wrongdoing or make any incriminating statements. Simply acknowledge the call and politely obtain their information.
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Consult an Attorney: If you are contacted by a process server, it is strongly recommended to immediately seek legal counsel.
How Process Servers Typically Serve Documents
Process servers often employ various strategies, including:
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Personal Service: This involves physically handing you the documents. They may attempt this at your home, workplace, or other known locations.
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Substituted Service: If personal service isn't feasible, they may utilize alternative methods like leaving the documents with a responsible adult at your residence, or serving your attorney.
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Certified Mail: In certain situations, documents can be sent via certified mail, though this typically isn't the primary method of service.
In conclusion, while a phone call from a process server is possible, it's not the norm. The best course of action is to seek legal advice if you are served with legal documents or are concerned about a potential lawsuit. Remember, due process affords you rights and representation is key to navigating this complex legal landscape.
