Why Would a Special Process Server Call You?
Receiving a call from a special process server can be alarming. It usually means you're involved in some sort of legal action, and understanding why they're contacting you is crucial. This isn't about dodging responsibilities; it's about understanding your rights and how to proceed. This article will address common reasons for a process server's call and explain the next steps.
What is a Special Process Server?
Before diving into why they'd call, let's define the term. A special process server is an individual legally authorized to deliver legal documents, such as summonses, complaints, or subpoenas, on behalf of a court or attorney. They're often hired when standard mail delivery is insufficient or when personal service is required. They are trained in legal procedures and are bound by strict rules of conduct and confidentiality.
Why Would a Special Process Server Call Me?
There are several reasons a special process server might contact you by phone:
1. To Verify Your Information and Location: Before attempting to serve you personally, the server needs to confirm your identity and current address to ensure the legal documents reach the correct person. They might ask for details such as your date of birth, address, and even your employment information to verify your identity and find the best way to serve you. This is a standard procedure.
2. To Schedule a Convenient Time for Service: Process servers often attempt to minimize disruption to your schedule. They may call to arrange a time and place for service that works best for you, showing professionalism and respect for your time. While you can't refuse service, you can suggest a suitable alternative time or location, if possible.
3. To Inform You About an Upcoming Service Attempt: In some cases, a special process server might call to let you know they intend to serve you documents shortly. This is often a courtesy, but it's not legally required. Knowing you'll be served soon allows you to prepare accordingly.
4. To Confirm Receipt of Documents: After attempting service, the server may call to confirm you received the documents. This helps ensure proper service and compliance with legal procedures. If you have any issues or need clarification regarding the documents, this call provides an opportunity to address concerns.
5. To Provide Information Regarding the Legal Matter: While rare, a server might offer a brief explanation of the type of legal action involved, but they typically won't provide details about the case's specifics. Their primary role is serving documents, not providing legal advice.
6. To Clarify Your Identity: If the process server is unsure if they have the correct person, they may call to confirm your identity using security questions, such as details related to your address or birth date.
What Should I Do If a Special Process Server Calls?
- Remain Calm: Panicking won't help. Try to gather information calmly and politely.
- Verify Their Identity: Ask for their name, company, and case number or relevant identifying information. You can confirm their legitimacy through the court or the attorney's office listed in their documents.
- Ask Questions: Politely ask about the purpose of their call and what information they need.
- Don't Admit Guilt: Avoid discussing the merits of the case. Simply confirm your identity and address.
- Take Notes: Record the server's name, contact information, and the date and time of the call.
- Seek Legal Advice: If you're unsure how to proceed, contact an attorney immediately. This is crucial for understanding your rights and obligations.
Receiving a call from a special process server is a serious matter. While it might be unsettling, understanding why they're calling and acting responsibly will help you navigate the legal process more efficiently. Remember, seeking legal counsel is always the best course of action when faced with such a situation.
