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Can a Process Server use their status to enter a property to do a "Property Inspection" before even a Lis Pendens has been filed

Hollywood, FL |
Filed under: Property foreclosure

Two months before filing suit a Process Server showed up at my investment condo stating she was there to do an inspection report for the bank. The tenant let the Process server in and the tenant called me on the phone and I spoke to the Process server and told her to either serve papers of get out. She told me I did not have the right to tell her to leave. I then suggested the tenant tell the Process server to leave, which she did leaving nothing. I suggested the tenant make a police report which she did and the police said do not let anyone in. The Process server two months after the foreclouser suit was filed filed a return of service stating the tenant was "avoiding service" What can be done about a Process Server using its status to snoop for the Bank?

Attorney Answers 3

  1. Process servers are allowed to serve process. Nothing more. However, I have heard many examples of them misrepresenting themselves as members of laws enforcement, officers of the court, and other baloney. They have been reported to lie to people, to threaten people, to tell people they have to "sign for" the process delivered, and they often lie about people "avoiding service" and tell them they are subject to sanctions for doing so, all of which is totally untrue. The tenant should not have let this person into the house. You can contact the police and tell them what occurred and see if they will assist you in making a complaint.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

  2. I agree with the above answer. You can contact law enforcement to see if they will get involved at this point, but in light of the passage of time, they probably won't. That being said, the threat of calling law enforcement when a trespasser is on your property tends to be effective. If they don't get off the property, call law enforcement and the trespasser can be criminally charged for it.

    Jay Shehadeh, P.A. - (954) 986-6640 - Real Estate Lawyer, Foreclosure Lawyer, Criminal Defense Lawyer - These answers are for general purposes only and do not establish an attorney-client relationship. These answer are not intended as legal advice either. If you would like legal advice as to your specific issue, you should contact an attorney to represent and/or advise you. If you are interested in retaining our office for legal advice and/or representation, please contact our office for a free initial consultation.

  3. I suppose a competent attorney for the bank could make an argument that the process servers they use also give a report on the condition of the property, and whether it is vacant. But this one did not serve the process. There have been many problems with private process servers, and banks changing the locks on the doors. This servers abilities could come into serious question since the tenant was not avoiding service at all. Private process servers are also called elisors.

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