Process servers usually have to come up with creative or daring ways in order to serve papers to their subject, especially if the subject is doing their best to evade being served. However, the question comes to mind: how far can a process server go when delivering papers? They can go undercover, they can use surveillance techniques and even ask their neighbors for information, but can they trespass if no other option is working for them?
Let’s explore how far a process server can go to commit to his duty.
What Do Process Servers Do?
Process servers are hired to help people serve defendants with documents or court orders to compel them to appear before the court. The papers can range from formal complaints to subpoenas. Many times, process servers will find the guilty defendant aware that they will be summoned, and in this fear, are trying to escape from the grasps of them, thus this job can be especially difficult as well.
What Does Trespassing Entail?
Trespassing refers to being on a private property without the owner’s permission. It is illegal as it counts as an act of invasion of privacy. However, if a process server from Oklahoma City is trying to deliver legal documents to a subject, are they immune to the crime of trespassing in the defendant’s private property?
Is Trespassing Illegal For Process Servers Who Are Trying To Do Their Job?
There are varying accounts of whether or not it is illegal for a process server in Oklahoma to trespass in order to serve papers. Those concerned with the law state that due to the nature of their job, they are trespassing for a lawful reason. However, different states have different takes on this. In California, it may be considered a criminal offense. However, due the blurry lines of how a person can give “permission” to a person to be on their property, such as a wanderer coming along, girl scouts or other door to door salesmen coming to your door or even the postmen, how is it any different for a process server from OKC who is doing his legal duty in a civil manner? Thus, it is concluded, that it is not essentially illegal for process servers to trespass, however, it is advised to them to take other less serious routes when it comes to serving papers, and those who are being served should not refuse the papers as the court will then issue other more public ways to summon you to court.