I Think a Rochester Process Server is Trying to Serve Me.  

WHAT DO I DO IF SOMEONE IS TRYING TO SERVE ME?

If you feel someone is trying to serve you, we understand it may be a little unsettling. Please remember the old saying, “Don’t Shoot the Messenger” Literally or figuratively.

First and foremost, the process server is a person. They have families just like you. They should never be adversarial unless forced.
They are people like you or me doing a job for a client. Remember, they may someday work for you if you ever need them.
They are not there to be cruel or mean and are simply doing their job as required by law.  In fact, they are affording you the due process of which you are entitled.
A good process server should be respectful, discreet, and not confrontational. Most likely the process server will not know the circumstances behind the papers. 

Avoiding a process server could cost you more with a similar outcome as there are many differently types of ways to serve. Some can get very costly. Additionally, some methods will be more public and could cause unnecessary embarrassment.

CAN I AVOID THE PROCESS SERVER BY LYING OR NOT ANSWERING THE DOOR

There is nothing stopping you from avoiding the process server by not opening the door. However, they are required by law in many cases to keep returning and fulfill the required due diligence. They may be required to come to your house very early in the morning or later at night or wait for you to leave or come home. They don’t want to keep coming back or serve you at work as much as you.  They also  can show up at your workplace or other inconvenient places if forced.

In New York State, after the process server has shown their due diligence, they may be able to post it to your door in plain view.
This could cause unnecessary embarrassment.

Also, lying to the process server is generally ineffective as in many case, they have done their homework and may have your photograph. They also may have postal confirmation that you are still residing at the location or may have spoken to your neighbors.

CAN I REFUSE TO ACCEPT THE DOCUMENTS?

No, there is no refusal of the documents. That is the entire purpose of the documents.
The process server can’t make you take them in your hand, but is required to leave them.
If you refuse, the process server will leave / drop the papers in a conspicuous place. It will be equally as effective if you took them by hand. However, if the documents get lost or destroyed , the responsibility is yours. The process server will most likely document the interaction and have a written or recorded accounting.

WHAT IF THEY ARE TRYING TO SERVE MY CORPORATION OR LLC?

Businesses, active or inactive, are simple to serve. When you filed your entity name with New York State, you authorized the State to accept the documents on your behalf. If they can’t find you, they will serve the company through the New York Secretary of State. This may cause delays in your notification which could affect the outcome.
Choosing to avoid a process server is futile and  could cost you more money as the fees attached to the service cost could be added to any damages being sought.
rvice may be passed on.

CAN A PROCESS SERVE BREAK THE LAW OR MAKE ME PROVIDE INFORMATION?

• Process servers cannot break any laws and you are not required to answer any questions they may ask. Some less seasoned process servers may ask you your age. height and weight to complete their affidavit of service.

• Process Servers don’t have the right to enter your home uninvited. In some cases, they will enter a porch or breezeway if that is the only access to a doorbell or interior door.
  
  

ARE PROCESS SERVERS ARMED?

• Process Servers are allowed to carry a firearm if they have a permit. They should never brandish a weapon unless they feel endangered.
  It should never get to that point.