It may sound crazy, but there are people out there who will impersonate a process server to scam you into paying them, then they never do the job and run off with your cash. If you’re an attorney, or even just an individual filing a pro se lawsuit, you need to know how to identify a fake process server, so you don’t get burned. Wasting time and money on an illegitimate process server will delay your case to a minimum. At worst, it could give the defendant grounds to request a dismissal.
In this post, we’ll go over our top tips for telling the difference between a legit process server and a con artist:
Certification
The state of Florida requires that all process servers be certified and approved by the judicial circuit in which they plan to work. Pensacola and Escambia County area in Florida’s 1st Judicial Circuit, along with Okaloosa, Santa Rosa, and Walton counties. Anyone attempting to serve process in these counties that are not listed on the 1st Judicial District approved process server list is acting fraudulently. A list of currently approved process servers in Florida’s 1st Judicial Circuit may be obtained by contacting Community Corrections at 850-595-3766
Legal Knowledge
While interviewing a potential process server for your case(s), you should try to assess their level of knowledge about Florida’s process server laws. Some of the most common laws that any server should follow include:
- Do not leave process in a mailbox
- Do not leave process anywhere outside a business or residence
- Do not leave process with anyone other than the named recipient (except in certain situations)
- Do not attempt to serve process on Sundays
Instead of just outright asking the potential process server about their knowledge of these laws, try to it into casual conversation. Direct questions might alert a scammer and lead their answers. Perhaps just suggest that they attempt service the next Sunday since you’re in a rush, or leave it in the mailbox if the defendant isn’t home and see what they say. A reputable server will immediately inform you that these things are not possible. A scammer will tell you what they think you want to hear to get your money.
Poor Ethics
Another major characteristic of a legitimate process server is ethical behavior. Just because the law doesn’t expressly forbid something doesn’t mean it should be done. For example, dressing up as a pizza delivery person isn’t expressly forbidden in Florida, but an ethical process server still won’t do it. Disguises aren’t necessary to get the job done, and conduct such as this casts a tarnished light over the entire industry. If a server tells you they use disguises, or any type of dishonesty, to lure in process recipients, they’re best to be avoided.
No Proof of Service
While filing proof of service with the court is not legally required by Florida state law, and not filing this proof does not affect the validity of the service, process servers are still expected to supply proof of service to a Florida court if requested. Not having verifiable proof of service can give the defendant grounds to request a continuation or dismissal, both of which cost more time and money. Any reputable process server will have a process in place to provide the plaintiff or their attorney with proof of service automatically once the service is complete. At Accurate Serve® of Pensacola, we provide 24/7 access to case status for our clients via our Status Tracker, available right on our home page.
No References
Seasoned, reputable process servers will have no problem showing you a list of references and types of cases they have worked on. While new process servers may not have any prior work experience, they should be able to show you the educational training they have done to get certified in Florida as a process servers. If a server claims to be experienced but cannot provide any references, you should inquire as to why.
It’s almost important to not just trust the information a potential server provides to you as true. Always contact references to verify the candidate’s account. If things don’t line up, move on.
Process Servers in Pensacola
There are scams everywhere these days, and the process server industry has unfortunately also been affected. Don’t be taken advantage of by a process server imposter…only use certified, experienced process servers like those at Accurate Serve® of Pensacola. Contact us at (850) 264-2917 or send us a work requests online to get started today.
