What is a Process Server Allowed and Not Allowed to Do?
At Accurate Serve® of Atlanta, we take great pride in providing reliable and professional service of process to our clients . We understand that the legal process can be confusing and overwhelming, which is why we strive to provide clear and concise information about what process servers are allowed and not allowed to do. In this blog post, we will discuss the responsibilities and limitations of process servers in Georgia.
What is a Process Server?
A process server is an individual who is authorized to deliver legal documents such as subpoenas, summons, and complaints to the parties involved in a legal case. The process server’s role is critical in ensuring that the legal process is served correctly and that all parties receive proper notice of the proceedings against them. In Georgia, private process servers must complete a certification program administered by the Georgia Administrative Office of the Courts (AOC). This includes taking an oath to adhere to the Rules and Regulations for Georgia process servers, as set forth by the Georgia court system.
What is a Process Server Allowed to Do?
Deliver Legal Documents via Various Means
In Georgia, process servers are authorized to deliver legal documents to individuals or entities named in the documents. Process servers can do this by hand-delivering the documents to the intended recipient, leaving the documents with a person of suitable age and discretion at the recipient’s home or workplace, or by mailing the documents to the recipient’s last known address, depending on what has been authorized by a judge.
Make Multiple Service Attempts
Process servers are also allowed to make multiple attempts to serve the documents if the recipient is unavailable. If the recipient cannot be found after a reasonable amount of time, the plaintiff can request to serve the defendants or witnesses by alternate means, such as service by publication, or can file an affidavit of non-service and return the documents to their client.
Charge for Services
Process servers may charge a reasonable fee for their services. This includes charging additional fees for making multiple service attempts or having to do a skip trace or diligent search for an evasive process recipient.
What is a Georgia Process Server Not Allowed to Do?
Work Without Proper Certification
Process servers in Georgia must be properly certified by the state in order to serve process in any county. Not having the proper credentials will invalidate any and all process served by the uncertified server. Even with proper certification, a process server must never use their position to gain access to a person or location for their own personal agenda. They must only use their position to do work as authorized by the Georgia courts.
Give Legal Advice
Process servers may not give legal advice of any type. All legal questions should be referred to a licensed attorney with experience in that topic.
Have Certain Criminal Charges or Convictions
Georgia process servers are not allowed to serve process if they have past convictions or pending charges for certain types of crimes. These are listed in the Rules and Regulations.
Commit Any Crimes
Process servers are not allowed to use any type of force or intimidation when attempting to serve legal documents. Process servers are also not allowed to trespass on private property or enter a residence without the owner’s permission. If a process server commits any type of crime while attempting to serve process, they will be held accountable for that crime to the full extent of the law. Being a process server won’t get them any extra favors in court.
Be Deceitful in Any Way
Process servers are also not allowed to misrepresent themselves or lie about their identity to gain access to the recipient. They are not allowed to deceive the recipient in any way to obtain their signature or acknowledgment of receipt of the documents. Not only is this an ethical issue, but if the process server goes as far as to impersonate a police officer, emergency worker, government official, delivery driver, or certain other job titles, they could face criminal charges.
Violate Confidentiality
Process servers are expected to uphold the privacy and confidentiality of their clients and any person named in the process being served. If a violation of confidentiality results in damages to any party, the process server could be held responsible via a civil court.
Have an Unkempt Appearance
Process server must maintain a professional appearance at all times while serving process.
Process Servers in Fulton County
Process servers play a critical role in the legal process, and it is essential that they follow the rules and regulations set forth by the state of Georgia. At Accurate Serve of Atlanta, we take our responsibilities seriously and adhere to the highest standards of professionalism and ethics. If you need assistance with the service of process anywhere in Fulton or surrounding counties, please contact us at 404-924-4838, email jp@accurateserveatlanta.com, or send us a work request online.