Why can’t you serve my papers, I don’t care it’s a military facility!

We sometimes find clients – especially pro se but sometimes inexperienced attorneys or other legal professionals – who become upset when we explain it’s not possible to proceed as they request.

Private Process Servers, just like Licensed Private Investigators, have no more authority than an ordinary citizen.  While it is true additional titles are granted, such as Process Server Certifications, Standing Court Orders Appointing Process Servers, or Process Server Licensure, etc., and it’s unusual to be charged with crimes such as trespass while attempting to serve papers, they are still not law enforcement and have no rights or powers that anyone else has.  These additional titles usually mean the process server was properly trained on laws and regulations related to the job, they do not afford additional rights or permissions of the process server.

Gate keepers, security guards, or other barriers between Process Server and servee, are not required to cooperate. When it comes to a military facility, process service typically involves permission of post commander, provost marshal’s office, review by judge advocate, and a voluntary appearance and acceptance by subject.  It is not possible to bypass security on a military facility, nor jails, prisons, or other government or secured facilities, and sneak up on employees, visitors.

It’s sometimes appropriate to employ clandestine methods to achieve service, but it won’t involve breaking into an Army Post or prison.  Like other professions such as collateral reposessors, Process Servers are never allowed to ‘breach the peace.’  That is the golden rule for process servers: Don’t breach the peace.  Be nice.