What Exactly Can a Process Server Do to Serve Papers?

If you’re involved in a legal case in Pasadena, CA, you may hear that “you’ve been served.” This happens when a process server delivers official court documents to notify you of legal action. But what exactly can a process server do to serve papers, and what are their limits?

Understanding how process servers work can help you know your rights and avoid unnecessary stress during a lawsuit.

What Is a Process Server?

A process server is a person authorized to deliver legal documents such as complaints, subpoenas, or divorce papers to individuals involved in a court case. In California, process servers must be at least 18 years old and not a party to the case. 

Professionals who serve more than 10 papers a year must be registered in the county where they work. Their main job is to ensure you receive notice of legal action in a way that complies with state law.

How Can a Process Server Deliver Papers?

Process servers in California can serve papers through several methods:

  • Personal service: Handing the papers directly to the person named
  • Substitute service: Leaving documents with someone at the person’s home or work if the person cannot be reached after reasonable attempts, followed by mailing copies
  • Service by mail with acknowledgment: Mailing the papers along with a form that the recipient must sign and return
  • Service by publication: Publishing a notice in a newspaper if the person cannot be found after a diligent search (requires court approval)

Personal service is the preferred and most reliable method.

Can a Process Server Trespass on Private Property?

Process servers can enter private property to attempt service, such as walking up to your front door. However, they cannot break into locked buildings or trespass where “No Trespassing” signs are posted with proper legal effect. If a gate is locked or a property is clearly restricted, they must find an alternative way to serve the papers legally.

Can a Process Server Pretend to Be Someone Else?

No. Process servers must identify themselves truthfully and cannot lie about who they are to gain access to you. Misrepresentation can invalidate the service and lead to legal penalties.

What If You Refuse to Take the Papers?

If you refuse to accept the documents, the process server can still complete service by leaving them near you and informing you of their purpose. Avoiding or refusing service does not prevent a case from moving forward. In fact, it may cause the court to approve alternative service methods, such as substitute service or publication.

When Can a Process Server Serve Papers?

California allows process servers to deliver papers any day of the week between 6 a.m. and 10 p.m. unless a court orders otherwise. Servers cannot harass, threaten, or use force while attempting delivery.

What Can’t a Process Server Do?

While process servers have authority to deliver legal documents, there are clear limits. 

They cannot:

  • Force entry into your home or car
  • Leave papers with minors under 18
  • Threaten, intimidate, or physically harm anyone
  • Continue repeated attempts to the point of harassment

If a process server breaks these rules, you can report them to law enforcement or the county licensing agency.

Contact The Graves Law Firm for a Free Consultation 

Being served with legal papers can be confusing and even intimidating, but you don’t have to face it alone. Whether you’re unsure about the legality of a process server’s actions or need guidance on how to respond after being served, The Graves Law Firm is here to help. Our knowledgeable attorneys understand the rules surrounding service of process in California and are ready to protect your rights every step of the way.

If you’re dealing with a divorce, property division, or other family law issue, reach out today for a free consultation. 

For more information, please contact our experienced family law attorneys at The Graves Law Firm for a consultation today. We’ll be happy to assist you.

The Graves Law Firm Pasadena
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
Open 24 hrs.