Stranger (Process Server) At the Door

[Fred Fuller]

she also didn't consider the accomplice scenario

This is potentially the most dangerous oversight IMHO. It's a common enough ploy that it should come to mind any time an innocent/harmless/helpless looking individual appears at your door. Words like police say a woman knocked and said she needed help, and two male accomplices forced their way inside* appear often enough in home invasion news reports that no one should take the possibility for granted...

*Full story at http://bostonherald.com/news_opinio...ome_invasion_suspects_caught_in_massachusetts

 

[Pyzon]

Sorry, but at my house, solicitors are no longer welcome.
I wish I did not feel that way, but I did not change the world we live in into what it is today.
Short and not so sweet.

 

[ahtoxa]

You have to trust your gut with strangers at the door. They are not all harmful.

A few weeks ago I found someone's dog while out with mine. I brought both home, locked the new one in the crate and then took mine back to the area where I found the lost dog. Talked to a few people on the street and was able to get a lead to the owner's house.

Went by the house, knocked on the door. Although I made sure to stand back in the light of the porch with my hands out of my pockets. I'm a 6'7" man with a beard and a shaved head.

Guy opened door, I explained how I found his dog, he drove to my house and picked it up.

Granted, this was in a nice neighborhood.

 

[Trunk Monkey]

she also didn't consider the accomplice scenario

She did, she said the woman was with what appeared to be a 12 year old who was likely her grandson. We have a wide angle peep there wasn't anyone else in sight. (not to say that they could have been up against the wall)

 

[lemaymiami]

Guys... everyone is right to urge caution when answering the door... but sometimes a "process server".. is just as advertised. Yes, if you feel the slightest bit apprehensive then behave defensively and don't open the door. Tell whoever it is come back with a policeman if it's really, really important...

As an aside I was allowed by the City I worked for to hold a part time job as a process server (civil matters only - and never inside the jurisdiction I was working for as an officer...) for several years. I had the great fun of going to many different neighborhoods (a few of them pretty bad...) while trying to serve papers of one sort or other. We were never allowed to use even the slightest bit of our authority as cops when serving process. The only benefit I ever had as an off-duty cop was that I did have a weapon on my person (in an era when armed citizens were very un-common here in Florida...).

The one thing I never did as a process server is "pound on someone's door and demand to see them". Anyone that does that sort of stuff is likely to get themselves in a jam sooner rather than later... Since all of our summonses or subpoenas came with a check attached... my usual routine was to say "I have a check for you" which smoothed things out considerably. For the life of me I can't understand why any process server would want to create any kind of disturbance or confrontation under any circumstances.... By the way -the only folks that ever gave me a hard time about a summons were doctors and dentists. That was kind of understandable since they were and are the constant target of the legal trade....

 

[wally]

We have a double door -- a metal screen "security door" that opens outward which is always locked, and the interior door with peep that opens inward. Gives plenty of time to access the situation, and the video camera above it tends to make the sketchier ones turn around and leave without knocking as soon as they notice it.

 

[RetiredUSNChief]

A process server has no more right to demand any person show themselves than any other citizen. Laws vary on how the process server may perform his job depending on the state, but the bottom line is that they can bugger off is you tell them to bugger off.

And if they DON'T leave...call the police, in my opinion.

All this is if you are NOT the person for whom they are looking for. You are under no obligation to open the door either way (whether you're the person they're looking for or not) but if you truly AREN'T the person they're looking for then as far as I'm concerned, they can go about their business performing their alternative research and delivery methods to their heart's content.

(NOTE: If you ARE the person they're looking for, avoiding a process server doesn't help you at all. Just answer the door (safely) and get it over with. In the long run it doesn't do anything for you to avoid it, and it may eventually get ugly if the court decides enough is enough and issues a bench warrent for your arrest.)


If they decide to be stupid about this and simply leave the papers there "for you", sight unseen, then they're violating the terms by which a process server is supposed to abide by. In that case, after you're sure they're gone, call the court involved and let them know exactly what happened. I shouldn't imagine that they'd be very pleased that a process was not served properly.


In part, SC law has this to say about proof of service:

"The person serving the process shall make proof of service thereof promptly and deliver it to the officer or person who issued same. If served by the sheriff or his deputy, he shall make proof of service by his certificate. If served by any other person, he shall make affidavit thereof. If served by publication, the printer or publisher shall make an affidavit thereof, and an affidavit of mailing shall be made by the party or his attorney if mailing of process is permitted or required by law. Failure to make proof of service does not affect the validity of the service. The proof of service shall state the date, time and place of such service and, if known, the name and address of the person actually served at the address of such person, and if not known, then the date, time and place of service and a description of the person actually served."


BOTTOM LINE: Like any other person you don't personally know, opening the door is ALWAYS to be cautioned against until identity has been proven or circumstances allow you positive control over events (such as during day time, lots of neighbors out and about, other people present, and whatever other mitigating circumstances there may be for your safety).

Obviously some strangers can adequately identify who they are by the authority they represent, such as an officer in uniform with badge and ID. Some process servers will be LEO, for example. Others you might be able to confirm by having them slip ID under the door which you can use to call the appropriate court or law firm to confirm.

But if you don't know them, and they admittedly aren't looking for you, don't open the door...especially if they get rude or belligerent. Call the police, tell them what's going on, that the person won't leave and you don't know for sure who they are. Let things fall where they may then.

 

[LiquidTension]

I was a PI/process server for several years. There's no excuse for pounding on a door or making demands or being at all dickish...at first. If the person you're trying to serve has moved, creds + court order gets you the new address from the post office (if they left a forwarding address). If you think the person behind the door is lying and is actually the person you're trying to serve, you hang out down the street, advise local LE what you're doing, and wait for the person to leave so you can positively ID them. Only if they're actively avoiding service should one be in any way rude. I pretty much followed the "Roadhouse" rule - be nice. Be nice until it's time to not be nice. Even then there's rarely cause to be rude. Be sneaky instead.

And yes, if there's any question about their identity do not hesitate to call local LE. The usual "don't open the door" and "have firearm ready" advice still applies.

 

[rooter]

A process server has no more right to demand any person show themselves than any other citizen. Laws vary on how the process server may perform his job depending on the state, but the bottom line is that they can bugger off is you tell them to bugger off.

And if they DON'T leave...call the police, in my opinion.

Anddddd.......along comes those who have trouble with authority figures. Yes...be difficult...call the police...waste resources (so the next quackhat can complain it took the police too long to respond)...when all you had to do was identify yourself, politely explain the person doesn't reside at the residence, and go on about your day.

 

[Arkansas Paul]

I wouldn't have opened it simply because of her poor attitude.
I'd have told her to suck eggs.

I'm generally not a rude person and take pride in the fact that I can get along with pretty much anyone. But if someone else starts the ball rolling with being a jerk, I can be pretty good at it.
And I agree with rooter that I wouldn't waste taxpayer dollars by calling the police for something like that. They have real crimes to investigate.

 

[Trunk Monkey]

I wouldn't have opened it simply because of her poor attitude.
I'd have told her to suck eggs.

Counter productive.

It was a process server she was going to keep coming back until we dealt with her

 

[RetiredUSNChief]

Anddddd.......along comes those who have trouble with authority figures. Yes...be difficult...call the police...waste resources (so the next quackhat can complain it took the police too long to respond)...when all you had to do was identify yourself, politely explain the person doesn't reside at the residence, and go on about your day.

I hope you didn't misconstrue my intent. Perhaps I should have made it clearer earlier in my posting than I did at the bottom with my bottom line.

People should only open their doors when they feel safe to do so. It doesn't matter WHAT or WHO the person says they are on the other side...unless the person in the house is reasonably certain of the authority and identity of the person knocking, they can indeed "bugger off" as far as I'm concerned.

You don't know me from Adam...suppose I come knocking at your door? You'll make whatever evaluation of the circumstances at that time and make your own decision as to whether or not you'll open your door for me. If I were LEO, I'd present my credentials. If I were selling dor-to-door, I'd tell you who I am, maybe show you a business card. Regardless...you're the one who makes the call, and rightfully so.

And if I were to BEAT on your door and DEMAND to see you? Well, I shouldn't be surprised if you tell me to bugger off.

That applies for anybody.

 

[The Lone Haranguer]

According to my wife the woman knocked (actually beat) on the door, identified herself as a process server and asked for the previous tenant. When my wife told her that that person no longer lived here the server told her “I have a picture of her and I want to see your face.”

My, such hostility. I would not only not open that door, I'd have some hostility of my own in response before I threatened to call the police.

 

[jeepnik]

Many years ago, just after we bought our house, we were getting phone calls (how does that happen), letters addressed to the previous owners and collections agents coming by.

I was working nights at the time, and being summer (this was before we put in AC), I would sleep in the living room as it was cooler. After a number of days of being woken up to explain "they don't live here any more", I'd had it.

One unfortunate fellow pounded on the door and started shouting. I simply opened the door, grabbed him by his shirt, slammed him into the stucco, and explained, "they don't live here any more". No one ever came by again, the phone calls stopped, and we never received any more letters addressed to the previous owners.

Sometime, a forceful response is required. That goes for any stranger that knocks on your door uninvited.

 

[Deltaboy1984]

1. Get a peephole put in the door I got a bull frog eyed one that allows me to see the whole porch.

2. Teach her to never open the door and as said earlier show me some ID or leave now before I call the Cops.

3. Get a dog and a gun and get trained for the gun and Dog.

 

[Bailey Boat]

Hate to say this but..... The "office" isn't going to tell the process server anything!! They will only give info of that nature to law enforcement.
And to set the record straight, a process server is NOT an officer of the court. They are private individuals serving a court issued document, but are doing so a contractor, not an officer of anything. Anyone over the age of 18 can serve process for attorneys. If an attorney wants faster service than the local sheriff's office can provide they use a contracted individual as long as the document doesn't require arrest.

 

[DT Guy]

When determining whether or not to open a door, consider this:

What is the likelihood that whatever the person knocking on the door is going to offer is of value TO YOU? If it's a sales call, it will be of value to them, and likely not you. If a 'help me' type of call, same thing.

If an intruder, well....so how many scenarios of this sort work to the homeowner's advantage? Very few, IMHO.


Larry

 

[henschman]

^^ x2. Our general policy is not to open the door unless they're expected. I will usually check through the loophole though, and I will sometimes open it if I can tell they're not a threat and they don't look like they are selling something, con men, religious people, etc. For instance, last week somebody knocked. It was a pretty 20s-something white girl in nice clothes, and it was light outside... turned out she was just telling me that my dog had escaped.

I don't care if you say you are a process server, a cop, or the Queen of England... if you come to my house, beat on the door, and tell me I have to show you my face, you are going to be told to go get bent. That kind of pushiness is highly uncivilized behavior, and it shouldn't be tolerated by anybody.

 

[Trunk Monkey]

Hate to say this but..... The "office" isn't going to tell the process server anything!! They will only give info of that nature to law enforcement.

Hate to say this but..... you are dead wrong. The "office" (who we get a long with really well) has specifically instructed us to send an future process servers straight to them.

 

[Bailey Boat]

[QUOTEHate to say this but..... you are dead wrong. The "office" (who we get a long with really well) has specifically instructed us to send an future process servers straight to them.
][/QUOTE]

Then they are in violation of privacy laws and it will soon catch up with them when they give out info on the wrong person.

 

[Trunk Monkey]

Then they are in violation of privacy laws and it will soon catch up with them when they give out info on the wrong person.

Please cite the specific Colorado Law they are violating when they say "I'm sorry but So and So moved out 6 months ago?

 

[RetiredUSNChief]

Hate to say this but..... The "office" isn't going to tell the process server anything!! They will only give info of that nature to law enforcement.
And to set the record straight, a process server is NOT an officer of the court. They are private individuals serving a court issued document, but are doing so a contractor, not an officer of anything. Anyone over the age of 18 can serve process for attorneys. If an attorney wants faster service than the local sheriff's office can provide they use a contracted individual as long as the document doesn't require arrest.

Really? If the legal institution in any state wants to run in any kind of efficient way (and they do), it would be pretty stupid of any such organization to say "Here are some papers to serve. Go figure it out for yourself."

Here is what South Carolina has to say on the matter:

"The summons shall be signed by the plaintiff or his attorney, contain the name of the State and county, the name of the court, the file number of the action, and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint."

"If the entity has registered with the Secretary of State’s Office, the address may have been included on the organizing documents. Copies of the organizing documents are available to the public upon written request. Copies are $1.00 for the first page and $.50 for additional pages. The organizing documents may not have the most up-to-date information on them, as entities are not required to file address changes with the Secretary of State’s Office. Phone directories or the Internet may be able to provide the most up-to-date address information for an entity."

"Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action. Service of all other process shall be made by the sheriff or his deputy or any other duly constituted law enforcement officer or by any person designated by the court who is not less than eighteen (18) years of age and not an attorney in or a party to the action, except that a subpoena may be served as provided in Rule 45. (Amended effective May 1, 1986)"

http://www.serve-now.com/resources/process-serving-laws/south-carolina

http://www.sos.sc.gov/Service_of_Process


Also, an "officer of the court" is defined as "any person who has an obligation to promote justice and effective operation of the judicial system, including judges, the attorneys who appear in court, bailiffs, clerks, and other personnel."


By this definition, any person who is serving as an "officer of the court" may, indeed, be eligible to be a process server, so long as they are not otherwise prohibited by law (such as also being an attorney in or a party to the action).

 

[gym]

I don't open doors to strangers, solicitations not allowed, mail it to me.

 

[stressed]

I second not opening the door. few years ago my gf at the time called me crying, saying there was a man screaming that he was going to kill her and trying to get in. I told her to lock an load my marine 870 with 00 buck, which I taught her to do, and call the police.

I actually got there just after the police and was pretty far away. Luckily they sent him off and they overlooked the 870, locked and loaded with 00 in the chamber as I taught her, with the safety off. I guess it was a neighbor in the apt, who though she somehow got into his mailbox and stole his money, which sounds paranoid and deranged like someone on drugs would think. He had a pocket knife on him. He is damn lucky he didn't bust the door down, because I don't hesitate for a second she would have blown him away.

 

[fotheringill]

You need not open your door to anyone except police with a warrant or another legal reason to be on your property.

As to "regular" process servers, especially this one, who stated she was looking for a "former tenant", certainly not. If it is a piece of paper, summons or otherwise, that requires "in hand" service, they can wait off your property until you come out. If personal service not required, they can tape it to your door.