There’s a knock at the door, and a process server is standing there with a legal document in hand. What should you do? Is it wise to answer the door?
This situation can catch anybody off-guard. In this blog post, we’ll help you take the right action and provide more insight into the role of process servers in North Carolina.
Understanding the Role of a Process Server
Before we delve into what you should do when a process server knocks at your door, let’s quickly understand their role.
Process servers are professionals tasked with delivering court documents to parties involved in legal proceedings. These documents may include a summons, subpoena, complaint, or other legal notices that require a party’s presence in court or compliance with court orders.
In North Carolina, service of process is an integral part of civil law procedures. The first step in this direction is typically the delivery of court documents. This is where a process server comes into play.
To Answer or Not to Answer: The Key Considerations
If a process server knocks on your door in North Carolina, should you answer? Here are the key considerations:
1. The Law Requires It
In North Carolina and most states across the US, the law requires you to receive and acknowledge legal documents served to you. A subpoena is a court order. When a subpoena is added as part of the service packet a court order, you must answer to prevent further legal action. If you fail to do so, you’ll face legal consequences, like being charged with contempt of court.
2. Evading Service Doesn’t Prevent Legal Action
One common misconception is that avoiding a process server will halt or prevent legal action against you. This isn’t the case and it’ll add further costs to the court case against you.
All fees for serving the documents against you are court costs and are added to any judgment that is obtained against you. It is in your interest to avoid additional costs as a result of your failure to cooperate with this attempt to deliver the documents.
Should it become necessary, due to your documented failure to respond, the court may award costs against you for any or all of the following:
- Stake-out of your home or business by a licensed private investigator or registered process server;
- Service at your place of employment by leaving the documents with the person in charge of the business;
- Service at your residence by leaving the documents with any member of the household at least 18 years of age;
- Investigative costs to determine another place for service;
- Service by publication in a local newspaper which is expensive;
- Service by means of break-in by a sheriff, upon court order;
- Or, any other alternative legal means of service.
3. It Allows You to Respond Appropriately and Responsively
Accepting service allows you to familiarize yourself with the nature of the legal action against you and the timeframe within which you must respond which is normally 30 or more days. In some cases, it may be as easy as responding by writing to the county clerk of court regarding the legal complaint against you. However, ignoring or refusing to accept service can put you at a disadvantage; you may miss important deadlines, which could negatively affect your case in many ways.
What Happens If a Process Server Knocks on My Door?
Now that we understand the importance of answering when a process server knocks, let’s look at what you can expect.
1. Verification of Identity
The process server will start by verifying your identity to ensure that they’re delivering the documents to the correct individual. They may ask for your full name or other information for identification purposes.
2. Delivery of Legal Documents
Once your identity has been verified, the process server will hand over the legal documents. They’ll explain the nature of the documents and what you’re expected to do, e.g., appear in court or respond to a summons by answering to the county clerk of court.
3. Confirmation of Receipt
Lastly, the process server will ask for confirmation that you’ve received the documents. This is usually done by obtaining your signature on a field form. He will then add this form to a notarized proof of service form or affidavit of service form, which is then filed with the court to verify that the service was successful.
How SwiftWings Express Can Help
At SwiftWings Express, we adhere to all state and federal rules to ensure proper service of process. Our private process servers treat every assignment with the utmost care.
With our wealth of experience and dedication to professionalism, we’re equipped to handle the unique challenges that often come with process serving. Call us today! You can also review our testimonials to understand why we’re trusted by thousands of clients who have sought process servers in North Carolina.