Process servers play a vital role in the legal system, ensuring individuals are officially notified of legal actions against them. However, this necessary function has unfortunately been exploited by scammers. Impersonating process servers, these fraudsters attempt to intimidate and deceive people into giving up their money or personal information. Understanding how legitimate process servers operate, particularly whether they will call you, is crucial in protecting yourself from these scams.
This article will clarify the circumstances under which a real process server might contact you by phone and highlight the red flags that signal a scam. By being informed, you can confidently distinguish between a legitimate attempt at service and a fraudulent scheme.
When Might a Real Process Server Call You?
Yes, a real process server might call you. Communication, including phone calls, is a tool process servers use to effectively do their job – which is to legally deliver documents. Here’s why and when a legitimate process server could reach out:
- To Arrange Service: The primary goal of a process server is to deliver legal documents in person. Calling ahead can be an efficient way to arrange a convenient time and place for service. This can save time and resources, especially if they anticipate difficulty locating you or if you have a complex schedule.
- To Confirm Information: In some cases, a process server might call to confirm your address or place of employment. This is especially true if the information they have is outdated or incomplete. This preliminary call can ensure they attempt service at the correct location.
- As a Last Resort: If attempts to serve you in person at your home or work have been unsuccessful, a process server might call you as a final attempt to make contact and arrange service. This is done to avoid unnecessary delays in the legal process.
It’s important to note that while a call is possible, it’s not the first step in the process serving procedure. Process servers typically prioritize in-person attempts at service before resorting to phone contact.
Red Flags: How to Spot a Process Server Scam
While legitimate process servers may call, scammers frequently use phone calls as their primary tactic. They leverage intimidation and misinformation to pressure you. Here are key indicators that the call you’re receiving is likely a scam:
1. Demanding Immediate Payment
A legitimate process server will NEVER ask you for payment. They are paid by the party who hired them to deliver the documents, not by the person being served. This is a critical distinction.
If anyone claiming to be a process server demands money from you over the phone, it is unequivocally a scam. They might claim the payment is for:
- Stopping the case: Scammers may falsely state that paying them will halt the legal proceedings. Process servers have no authority to dismiss cases.
- Avoiding arrest or penalties: They might threaten immediate negative consequences if you don’t pay. A process server’s role is solely delivery, not enforcement or judgment.
- Fees for “missing court”: This is a scare tactic. You don’t owe a process server money for being served.
If they ask for money – hang up and report it.
2. Constant and Intimidating Calls
Legitimate process servers are professional and persistent, but not harassing. They understand the need to make contact, but they also operate within legal and ethical boundaries.
Scam process servers often employ aggressive and relentless calling tactics:
- Frequent calls from non-local or blocked numbers: Real servers usually operate locally and will use traceable phone numbers. Scammers often use spoofed or untraceable numbers.
- Calls at odd hours: While service attempts can occur at various times, constant calls late at night or very early in the morning can be a sign of harassment.
- Threatening and abusive language: Legitimate servers maintain a professional demeanor. Scammers rely on intimidation and may use aggressive or abusive language to scare you into compliance.
- High-pressure tactics: They create a false sense of urgency and panic, pressuring you to act immediately without thinking.
While a real process server may explain the potential consequences of ignoring legal documents, they will do so factually, not through threats and intimidation.
3. Lack of Case Information
A real process server is delivering documents related to an actual legal case. They will have basic information about the case, even if they don’t know all the details by heart.
A scammer posing as a process server will often be vague or unable to provide crucial case details:
- “Sealed documents” excuse: Scammers might claim they have “sealed court documents” and cannot disclose any information. This is a common tactic to avoid scrutiny. Legitimate servers know the type of documents they are serving and the court involved.
- Inability to provide case details: They should be able to tell you:
- The court and county where the case is filed.
- The names of the parties involved (plaintiff and defendant).
- A case number (if one has been assigned).
- The general nature of the documents (e.g., debt collection, divorce).
If they cannot provide any of this basic information, it’s a strong indication of a scam. You can always independently verify case information by contacting the clerk of court in the county they mention.
4. Mispronouncing Local Names
This might seem minor, but it can be a telltale sign. Real process servers are usually local to the area where they are serving papers. They are familiar with local geography and place names.
If the caller mispronounces the name of your city or surrounding areas, especially if it’s a unique or unusual name, be suspicious. Scammers often operate from outside the region and may not be familiar with local pronunciations.
Bonus Tip: Trust Your Instincts
If something feels off about the call, trust your gut feeling. Scammers are good at manipulation, but your intuition can be a powerful defense. If you feel pressured, intimidated, or something just doesn’t seem right, it’s better to err on the side of caution.
What to Do If You Suspect a Scam
If you believe you are being targeted by a process server scam:
- Do NOT pay them any money.
- Do NOT give them any personal information (Social Security number, bank account details, etc.).
- Hang up the phone.
- Record any information you have (phone number, name they used, details of the conversation).
- Contact your local police department immediately. Provide them with the information you gathered. Reporting scams helps protect yourself and others in your community.
- If you are concerned about potential legal issues, contact a lawyer or legal aid organization. They can advise you on your rights and any actual legal matters you may need to address.
Southeast Wisconsin Process and legitimate process serving companies are dedicated to serving the legal community with integrity and professionalism. By understanding how real process servers operate and recognizing the tactics of scammers, you can protect yourself from becoming a victim and ensure the proper administration of justice is not undermined by fraud.
For further information or to verify if you are being legitimately served, contact a trusted local process serving company or your local law enforcement agency.
