Formal legal procedures are an essential part of ensuring justice in the U.S. and Georgia court systems. Service of process is one of the most important of these procedures, as it helps to uphold the core American principle of due process. That’s why the trend of fake process server scams is so alarming. At Accurate Serve® of Atlanta, we take pride in being authentic and reliable, and we feel compelled to warn the public about these fraudulent activities.
Understanding Process Service
To understand how process service scams work, it’s important to fully understand what a process server does. Process servers deliver proper legal notice of imminent legal action to all parties involved in said action. This includes delivering summonses, complaints, subpoenas, and more to individuals, businesses, and even government agencies.
Process Service Scams: How They Work
Almost all process service scams involve a fraudster claiming to be a legitimate process server. This imposter will attempt to get private information or money from unsuspecting victims. They’ll often tell the victim that they are being sued and must pay a fee to have the case dismissed. They will present official-looking paperwork and are usually quite forceful and aggressive in an effort to intimidate the victim into compliance. This is never how a reputable process server would behave, nor is it possible to pay a process server to have a legal case dismissed. That’s just not how the legal system works, here in Georgia or anywhere in the U.S.
Recognizing Red Flags
If you’re approached by a process server, be on the lookout for these red flags:
Request for Payment
The person who requests that the process server deliver the paperwork, or their attorney, is the one who is responsible for paying for the service. If a process server insists that you pay to have process served on you, or if they claim you can pay to have the legal case dismissed, they are not legitimate and should be reported to law enforcement immediately.
Lack of Identification
Any process server you come into contact with in the state of Georgia should be able to produce valid identification and documentation verifying their agency affiliation. If they cannot, play it safe and refuse any communication until they can.
Vague Details
If you’re unsure of a process server’s legitimacy, start asking them for details. Scammers very rarely prepare well enough to know specifics, and will instead try to sway you with vague information and charisma. Don’t fall for it! If they can’t come up with sensible details, tell them to take a hike.
High-Pressure Tactics
As mentioned before, scammers often try to bully and intimidate to get victims to pay out. A professional process server would never use intimidation tactics in their work, as it is not necessary to deliver legitimate process. Report suspicious aggressive behavior to police immediately.
Legal Backdrop
For quick reference of how process servers in Georgia should operate, simply refer to the Georgia Civil Practice Act, which outlines proper process service procedures in the state. If the process server you’re dealing with violates the requirements of this act, or if they don’t know what this act is, they’re likely not lawful.
Staying Safe
If you suspect a fake process server, do not provide any personal information or payment. Instead, verify the case and info they are providing independently by contacting the court or a legal professional in the area. If the case doesn’t exist, report the server to law enforcement immediately.
Accurate Serve® of Atlanta: Your Trusted Partner
At Accurate Serve® of Atlanta, we understand the importance of legitimate and efficient process serving. Our services, spanning across Fulton County and the entire state of Georgia, include process service, document retrieval, skip tracing, and diligent searches. We adhere strictly to federal and state laws, ensuring a professional and legal approach. Reach us at 404-924-4838 or send us a work request online. Trust in Accurate Serve® of Atlanta for reliable and professional process service, every time.
