Nobody with insight into a process server’s world would ever make the claim that it is an easy job. Process servers are responsible for walking a tightrope of professionalism and attention to legal parameters when serving papers, especially when those papers hold bad news. To make this more complicated, the exact rules and regulations governing the civil process of serving papers often varies from place to place, so it is the process server’s job to remain informed of the ever-changing state and local laws.
With all of that said, there are certain things that a process server should never, ever do, regardless of how tempting it may be. Papers should always be served with respect and integrity.
Don’t Be a Mail Man
This is a very serious issue, even if it doesn’t seem like it. It is considered a hefty crime to open another person’s mailbox and an even worse offense to disturb the mail inside. According to the law, “Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier…”
No Guessing Games
Since many process servers need to serve papers out of state or in different localities, the rules will differ in those places. Some states allow papers to be served on Sundays, while others do not. Some locations are more lenient on substitute service without a court order, but many are not. It is vital to understand exactly what the state requires, because incorrectly served papers can get the process server and the entire court case into a lot of hot water.
Avoid Trespassing
This one sounds obvious, but trespassing can be a subtle and unnoticed action until it is too late. Unless state law specifically allows process servers to ignore trespassing signs, trespassing can provide the recipient with a defense against taking his papers, thus dragging the court process on even longer.
