Can Process Servers Legally Lie?
Process servers are people who deliver legal documents to defendants or other individuals involved in a court case. They must follow specific laws, rules, and regulations when serving process, which strictly prohibits lying about who they are or the purpose of their visit, disguising themselves as someone else or using props. While process servers cannot break the law, they sometimes have to get creative to carry out their duties.
Lying of Any Kind is Not Allowed
A process server must be completely honest about their identity and purpose for visiting the person they’re attempting to serve. This means that process servers cannot pretend to be someone else, such as a law enforcement officer or a friend of the person being served. Additionally, process servers in Georgia are not allowed to wear a disguise while carrying out their duties.
Some shady process servers will try to trick people by telling them half-truths, withholding information, or outright lying. For example, a process server may tell the person being served that they’re there to deliver an important document, but fail to mention that the document is a summons to appear in court. This is not allowed and is considered lying.
While process servers are not allowed to lie, they are allowed to be creative in their methods for serving process. This may involve coming up with a clever way to get the attention of the person being served or finding out information about their daily routine. As long as the process server is not breaking the rules, they can use whatever means necessary to complete their task.
Other Prohibited Activities
Just like the average citizen, a process server must not break any laws while doing their job. Prohibited activities include:
- Giving legal advice
- Claiming to be able to change the outcome of the case
- Breaking and entering
- Trespassing
- Harassment
- Making threats
- Impersonating a police officer or other official
When in doubt, a process server should consult with local law enforcement on what is and is not allowed while serving.
Allowed Activities
Process servers are allowed to do a number of things while serving process, including but not limited to:
- Calling any phone number associated with the defendant’s name
- Gathering information from the defendant’s social media pages
- Contacting the defendant’s family members or known associates
- Posting that they are looking for the defendant in the local newspaper or on social media pages if approved by a judge
- Giving the process to another adult at the defendant’s home if approved by a judge
- Stakeout your home, workplace, or other addresses associated with you
Where Can I Find a Process Server in Atlanta?
The best process servers in Atlanta can be found at Accurate Serve® of Atlanta. Call us at (404) 924-4838 or send us a work request online. We are experienced professionals who know the law and will follow all the rules while serving process to ensure that the job is done right. If you need a service of process in the Atlanta area, don’t hesitate to contact us today!