Process servers have a legal responsibility to deliver documents properly.
But that doesn’t mean they can serve you whenever and wherever they want.
If a process server attempts to serve you at an inappropriate time or place, it’s crucial to know your rights and respond strategically.
Here’s how to handle the situation.
Step 1: Know the Laws on Process Serving Hours
Before reacting, understand your state’s rules on when and where process servers can operate.
General Guidelines:
- Most states allow service during reasonable hours (typically 7 AM – 9 PM).
- Some states restrict service on Sundays or holidays (e.g., New York prohibits Sunday service).
- Certain locations may be off-limits, such as:
- Workplaces
- Religious institutions
- Courthouses
- Funerals
Check your state’s process serving laws to determine whether the attempt violates any regulations.
What If They Serve You Illegally?
If service occurs outside legal hours or in a restricted place, you may have grounds to challenge it.
Step 2: Politely Decline if the Timing is Unreasonable
If a process server shows up at an inappropriate time, you have the right to refuse service in the moment—but you must handle it smartly.
What NOT to Do:
- Slam the door or run away – This won’t stop them from returning.
- Get aggressive or hostile – The documents won’t disappear just because you’re upset.
- Lie about your identity – This can backfire legally if the case goes to court.
What to Say Instead:
- “I understand you have legal documents for me, but this is not an appropriate time. Please return during reasonable hours.”
- “I am not refusing service, but my state has restrictions on process serving hours. I will be available at another time.”
A professional process server will respect this and return later.
Step 3: Document the Interaction
If you believe the process server is violating legal or ethical boundaries, document everything.
Key Steps:
- Record the Time & Date – Note the details if the serve happens outside legal hours.
- Take Photos or Videos (if possible) – This can be evidence if you challenge the service.
- Keep a Log of Multiple Attempts – Repeated inappropriate attempts could be harassment.
If the process server ignores laws or engages in misconduct, you may have a case against them.
Step 4: Report an Improper or Harassing Process Server
A process server must follow the law—if they don’t, you can take action.
Where to Report Violations:
- Court Clerk’s Office – If the serve is part of an ongoing case, report the incident.
- State Authorities – Some states require process servers to be licensed or registered—file a complaint if they’re acting improperly.
- Professional Associations – Organizations like the National Association of Professional Process Servers (NAPPS) hold process servers accountable.
- Consult an Attorney – If the service attempt violates your rights or feels like harassment, an attorney can help challenge it.
Process servers who break the law can face consequences.
Final Takeaway: Stand Your Ground, But Stay Smart
If a process server tries to serve you at an inappropriate time, here’s what to do:
- Know your rights – Check your state’s laws on service hours.
- Remain calm & decline politely – Don’t escalate the situation.
- Document everything – Evidence can help challenge improper service.
- Report violations – If the process server is acting unlawfully, hold them accountable.
A legitimate process server follows the rules—but if they break them, you don’t have to accept it.
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We're here to assist you with any legal support services you may require. Although our main office is located in Phoenix, we have dedicated local teams to handle all location-specific tasks efficiently. Here's how you can get in touch with us.
The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
For further details, please refer to the Justice Courts Case Search.