Process serving is the delivery of legal documents to an individual or business. The purpose of process serving is to give notice that someone is being sued or that they must appear in court. Once the papers have been delivered, the recipient has been “served.”
There are many different ways to serve papers, but one of the most common is to hand-deliver them to the person named in the document. This can be done by going to their home or place of work and giving them the papers in person. But what if, when you go to serve the papers, the person invites you into their home? If you are invited inside, it is generally considered polite to accept.
The answer to this question depends on the state in which you are serving process. Each state has its own rules about what process servers can and cannot do. Some states require process servers to have a license, while others do not. In some states, process servers are allowed to enter a residence if they are invited inside, while in others they are not.
If you are unsure about the laws in your state, it is always best to err on the side of caution and not enter the premises. If you do enter and the person later claims that they did not know they were being served papers, it could invalidate the service and cause delays in your case.
When serving process, it is always best to err on the side of caution and not enter a residence unless you are certain that it is allowed in your state. If you are unsure about the laws in your state, you can consult with an attorney or research the rules online. Remember, if you do enter and the person later claims that they did not know they were being served papers, it could invalidate the service and cause delays in your case.
The preceding podcast is offered simply for educational reasons. He or those at Lafayette Process Servers LLC are not attorneys and cannot give legal advice. State process serving laws and procedures may differ considerably. If you want to know more about this subject, please contact an attorney in your area who is familiar with the procedure of service legislation and rules of civil procedure.