A question about the process servers...

Asked almost 2 years ago - Westminster, CA

I asked my friend to serve a lawsuit on someone but he's having trouble serving the summons because the defendant is never home nor are there any other adults over the age of 18 who are home. My friend suspects the defendant is deliberately avoiding him. So my question is this: Can my friend (or anyone else) pretend to be a delivery guy (or anything else other than a process server) in order to get the defendant to open his door? Upon opening the door, the server would then hand the defendant the papers and state the real reason for his visit: that he's being sued. Are process servers allowed to do that?

Attorney answers (3)

  1. Alison Swicker Gokal

    Contributor Level 12

    1

    Lawyer agrees

    Answered . yes. As long as your friend doesn't do anything illegal, like trespassing or breaking and entering.

    While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and... more
  2. Neil Pedersen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Absolutely. A bouquet of flowers like from a florist works well. Consider substituted service if you can document at least three diligent attempts to make personal service.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Edna Carroll Straus

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Yes, they can do that. The problem is getting the timing so you know the "defendant" is home. if this person has a job it will be MUCH easier to serve him there. Substituted service is available at work.

    If there is no place of work you may have to hire a private investigator to stake the house out. Expensive.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more

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