Essential Guidelines for Proper Service and Common Practices to Avoid
⛔ Service Restrictions
- Do not attempt service before 7AM or after 10PM.
- Do not attempt service at abnormal hours (as mentioned above), on Thanksgiving or Christmas.
- Do not attempt service at a place of worship.
- Do not serve an individual who resides in a nursing home or convalescent facility.
- Do not attempt if a resident is threatening or tells you not to return.
- Do not attempt if customer-specific instructions disallow service at an address. Instead, select "Attempt" then "Other", and "Service not permitted".
- For example, the address provided may be a business and given instructions state not to serve at place of employment.
At the Right Address?
...but you should NOT serve the documents.
Here are situations where the individual normally lives at this address, but you should not serve anyone. Instead, select Attempted and use the options in ABC Mobile to describe the circumstances.
Hang on to the documents if the individual to be served:
- Is incarcerated (in jail or prison) and does not currently reside at the address. Note: it IS allowed to serve someone at the jail or prison where they are incarcerated.
- Will not be available for some time AND we are unable to complete substitute service - for instance, if the defendant is a trucker on a long route, is out of the country for more than a month or is temporarily working in an isolated place.
- Is deceased, do not serve the documents to anyone. If you find that one is available, ask politely if you could see a death certificate and take a picture of it to submit with the attempt notes or ask for the date of death. Note: You are not required to get a copy of the death certificate.
🚧 Common Things to Avoid
The process server shall NOT harass, annoy, scare, restrain, or otherwise distress any individuals present where service has been requested. To protect themselves, ABC Legal, and its customers from allegations of harassment, a process server shall NOT:
- Become intentionally annoying to the occupants of a residence, i.e. knocking on the door for an extended length of time or verbally antagonizing a person to bait them into calling the police.
- Block a driveway or vehicle.
- Have a firearm on them when attempting to serve.
A Process Server shall NOT make any representations - written or verbal (door tags, business cards, letters, phone recordings, or in-person conversations) to a consumer or a person at the address for attempted service that:
- Misrepresent the name or status of the process server, or the firm that contracted ABC Legal for service of process.
- Lead the individual to falsely believe that the process server is a member of, or represents, law enforcement.
- Render legal advice or discuss the litigation status of the case.
- Convey a false sense of urgency through reference to potential embarrassment by serving at a conspicuous time, place or manner.
- Threaten the assessment of additional legal fees.
- Otherwise mislead the individual as to the nature of the contact.