Process servers are tasked to deliver important court documents to people for various reasons. It is not an easy job,that goes without saying. However, it is also a job that some people have misconceptions about. More often than not, the recipients are not thrilled to receive documents, and this can make a process server’s task challenging.
There are times when, in this industry of Process Serving, we come across an individual who thinks they can outsmart the law by making it challenging for us to serve them properly. In such cases, there are several remedies we can turn to. They might think that the courts had never experienced such instances in the past? The courts have come up with ways that ensure the legal process continues despite some people trying to play games.
With process servers, however, we have several tactics of our own and we apply them to try and get the individual served. These tactics should always respect the law and must ensure the safety of everyone involved. Any negative outcomes such as embarrassment to those involved should be minimized at all costs.
Entrapment: What is It?
The term entrapment means the act of tricking someone into committing a crime to be able to secure their prosecution.
One of the said ‘tactics’ that can be used is making an appointment with a certain individual under false pretenses. This tactic, however, must be used with precaution as it could lead to the serve being deemed invalid in the event that the judge decides that the tactic used had the effect of “discrediting the administration of justice”.
Read this article that demonstrates a specific case in the Quebec courts.
Avoiding Entrapment in Process Serving
Process servers, thus, should always serve documents with integrity. Here are some of the things process servers should keep in mind when serving:
DON’T TOUCH THE MAILBOX.
It is actually a crime to open someone else’s mail. Process servers have no business of opening someone else’s mailbox or going through a stack of mail.
Process servers are tasked to deliver court documents. There are times, however, that they might be required to get creative just to reach evasive defendants. Being creative should not mean being deceptive. Do not attempt any service under false pretenses or by violating any U.S. or Canadian laws.
DO NOT BREAK AND ENTER.
If the individual you are serving refuses to come to the door or they simply do not answer, you are still bound by laws that prevent you from breaking and entering a business or residence legally. Even if you have documents to serve does not mean you can break the law just to do it.
If you have more process serving questions or concerns, feel free to contact us at (416) 4984546 – North America Toll Free 1-888-498-4500 or just simply click on this link.