Legally, Can Process Servers Lie?
Process servers are people who deliver legal paperwork to those accused or involved in a court case. When delivering process, they must adhere to strict rules that prohibit fabricating their identity or the purpose of their visit, impersonating someone else, or using gimmicks. While process servers are not permitted to break the law while carrying out their responsibilities, they sometimes must think outside the box to get the job done.
Process Servers Cannot Lie While Working
A process server must honestly state who they are and why they’re visiting the person to be served. This implies that process servers cannot pretend to be someone else, such as a police officer or a friend of the individual being served. Wearing disguises is also frowned upon.
Process servers that operate in the dark are known to deceive individuals by providing half-truths, omitting information, or outright lying. For instance, a process server may inform the person being served that they’re there to deliver a vital document but fail to disclose that the paper is an order to appear in court. This is not permitted and is considered deceptive.
Process servers are not permitted to deceive, but they are free to use any legal means necessary to complete their tasks. This may entail coming up with a clever method of catching the attention of the person being served or learning information about his or her routine. They can utilize whatever methods necessary to do their work as long as they follow the rules.
Other Things Process Servers Cannot Do
Lying isn’t the only thing a process server cannot do. All the other laws and rules apply as well. Process servers should refrain from:
- Offer advice about a legal case
- Claim to have influence over the case outcome
- Break into a property
- Harass people or make threats
- Wear disguises, especially impersonating a police officer or other official
Consult with local law enforcement on what is and is not allowed while serving process.
Process servers are permitted to use many tactics while serving process, including:
- Calling you, your work, your friends, and your family
- Staking out your social media accounts
- Staking out your home, workplace, or other associated addresses
- Posting in the local newspaper (if approved by a judge)
- Delivering the paperwork to another competent adult at the defendant’s home or workplace (if approved by a judge)