Short Answer: It Depends on the State.
Process Servers must follow their own state’s statutes when serving documents.
In some states (e.g.
Florida), papers cannot be served on Sundays or holidays.
In others (e.g.
California), some papers cannot be served after a certain time of day (e.g.
Can you refuse to be served papers?
What if the person being served refuses to accept the papers? In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away.
Is it illegal to avoid a process server?
It is not illegal to avoid service of process. In most cases, however, service is inevitable. As Mr. Alexander notes, if you avoid service long enough, the plaintiff may still serve you by publication in most cases. If you are being sued and are liable
Are process servers allowed to trespass?
Trespass laws are state-specific, and vary considerably. (See US Trespass Laws – Process Servers page.) When a server walks onto the property of the defendant to serve, there is a potential for being charged as a trespasser. That can be a civil wrong and/or a criminal act.
What can a process server legally do?
A process server is an individual who has been hired to deliver legal documents. Typically, this involves a civil lawsuit, family law proceedings and sometimes delivering documents pertaining to a criminal case. The process servers must deliver papers to an individual, a business, an entity’s representative or lawyer.
What hours can a process server serve?
When to Serve a Legal Document. Documents must be served on a weekday or Saturday (never on a Sunday), between 6 a.m. and 10 p.m. No papers can be served on religious holidays.
Photo in the article by “Gary Stein”