It is not uncommon for process servers to be attacked when rendering service of process. For instance, Columbia resident Shirley Ann-Bolton recently plead guilty to first-degree assault for shooting at a process server in Howard County, Maryland.
The assault occurred when a private process server arrived at Bolton’s residence to check the status of a note he had left on the front door of the residence. The note asked Bolton to call him back regarding a pending lawsuit. As the server approached the door, it swung open and Bolton aimed a black handgun at his head and fired it. She narrowly missed the server according to court documents.
California State Law Protects Process Servers
Fortunately there are state laws that protect process servers. For instance, according to California Penal Code 241 (a) & (c), if a misdemeanor assault or battery is committed against a process server, and the offender knows or should know that the person is a process server, such assault or battery will be punishable by a fine of up to $2,000, and/or imprisonment in a county jail for up to one year. In addition to California, other states have penal laws that also protect process servers. Click here for more information.
Service of Process Safety Tips
Here are 3 simple tips to help protect you from dangerous situations involving service of process.
- Be Cautious When Rendering Service of Process
Make sure you stay alert of your environment while rendering service of process. If you see suspicious or questionable activity, it is probably best to retreat from the area.
- Render Service of Process During the Daytime
It is best to serve someone with court documents during the daytime. People tend to be on the defensive at night when being approached by a stranger. You will have better visibility and reciprocation when serving someone during the daytime.
- Take a Self Defense Course
You may need to physically defend yourself in certain situations. You should take a self defense course to receive proper instruction on how to fight off a physical attack.
If you have questions or concerns about maintaining safety while rendering service of process, contact Kern Legal for more information. Velocity Legal Service can serve any paper or any legal document anywhere in the United States. If you need assistance, contact us today. If you found this article informative, please feel free to share with others.
Sources
California Penal Code 241 (a) & (c)
Columbia Woman Pleads Guilty to Assault for Shooting at Process Server