The Risks and Dangers Involved in Process Serving

In the legal world, process serving plays a crucial role in ensuring that parties involved in a lawsuit are properly notified of legal actions against them. While this task may seem straightforward, it comes with its own set of risks and dangers that process servers must navigate. At Accurate Serve of Charlotte, we take these challenges seriously and adhere to both federal and state laws to ensure the safety of our process servers and the integrity of the legal process. 

Violence: The Foremost Concern

The most immediate risk that process servers face is the potential for violence from the recipients of the legal documents. There have been unfortunate instances where process servers have been assaulted, and in extreme cases, even murdered by defendants who were upset about their legal situation. You can find stories about these incidents here and here.

To mitigate this risk, it’s essential to conduct a background check on the recipient, focusing on their criminal history and any outstanding charges. This information helps in assessing the level of risk involved in serving the documents. If the recipient has a history of violent offenses, it is advisable never to attempt service alone and to consider serving the documents in a public location. 

Navigating Unfamiliar Territories

Process servers often find themselves in unfamiliar locations while attempting to serve documents. Some of these areas may be hotspots for criminal activity, making it crucial to research the location beforehand. 

Before embarking on the task, always map out your route, including potential points of entry and exit for any buildings you may have to enter. Tools like Google Maps can be invaluable in planning services in unfamiliar locations.

Insufficient Legal Protections

Unlike regular employees, process servers are generally categorized as contractors. This means that if they experience problems such as assault or harassment while on the job, they must seek redress through the court system. This can be a slow and inefficient process compared to the arbitration and mediation options available to most workers.

The process service industry as a whole is also seeking legislation in all states in regard to the severity of criminal charges that can be imposed for assaulting a process server. In some states, like New York, assault on a process server is now a felony. However, in many states, it remains a petty crime that yields little to no equitable punishment.

The Risk of Unintentional Criminal Behavior

Process servers must remember that while they are performing a service for the legal system, they are not above the law. Actions like trespassing, breaking and entering, or harassment can lead to criminal charges. It is crucial to be aware of the property you are on and to be polite and cooperative when entering businesses and buildings.

Server Safety is a Top Priority at Accurate Serve®

Process serving is a vital but risky component of the legal system. At Accurate Serve of Charlotte, we are committed to carrying out this task with the utmost professionalism and adherence to the law. If you require process service, document retrieval, skip tracing, or diligent search services in North Carolina or South Carolina, feel free to contact us at 704-858-2952 or send us a work request online. We are here to serve you efficiently and safely.