Do Process Servers Call You? The Truth About Scams (Louisiana Guide)

[00:00:00] Speaker A: Okay, picture this. You're relaxing, maybe scrolling on your phone, right? And then it rings unknown number. You pick up and the voice says, I'm a process server. [00:00:10] Speaker B: Yeah. And they claim they've got legal papers for you. Maybe they need to confirm your address. Or even worse, they start saying you need to pay a fine right now. [00:00:20] Speaker A: To avoid being served. It's instantly stressful. [00:00:23] Speaker B: Oh, absolutely. It's got to be one of the most nerve wracking calls you can get. Mostly because it's so hard to tell. You know, is this a real legal thing, something serious? Or is it just a flat out scam? [00:00:34] Speaker A: How do you cut through that noise? How do you know? [00:00:36] Speaker B: And that's really what we want to dig into today. We're going to break down, you know, how professional process servers actually operate. We're looking at info from industry experts, folks like Lafayette Process Servers llc. [00:00:46] Speaker A: Right. The idea is to give you clear rules so you can tell the difference between a maybe necessary logistical call and a scammer trying to scare you. [00:00:55] Speaker B: Exactly. And let's just put the big answer right out front because honestly, this changes everything. Real professional process servers, they almost never call you. [00:01:04] Speaker A: Rarely. Like really, really rarely. It's the exception, definitely not the rule. [00:01:08] Speaker B: Right. [00:01:09] Speaker A: So we need to understand why. Why isn't a phone call good enough for the courts? Okay, let's unpack that. Why is just talking on the phone basically useless legally? [00:01:21] Speaker B: Well, it all boils down to something fundamental called due process. It's a constitutional thing. [00:01:27] Speaker A: Okay. [00:01:28] Speaker B: It means you have a right, a basic right to be properly notified if there's legal action against you. And that notification, well, has to be the actual physical delivery of the court documents. [00:01:39] Speaker A: Physically handing them over. [00:01:40] Speaker B: Yes. Because if the court can't be sure you got the notice officially, the case just can't proceed against you. It stops right there. [00:01:48] Speaker A: So the paper itself is. It's crucial. It's the official proof they told you. Kind of the starting pistol for the lawsuit. [00:01:54] Speaker B: That's a good way to put it. Yeah. And the process server, their whole reason for existing, professionally speaking, is to create a record of that moment, that notification. [00:02:02] Speaker A: They're not just delivery people then. [00:02:04] Speaker B: No, no, they're acting almost like officers of the court for this specific task, their final product, the thing they get paid for, is creating a sworn statement. It's called an affidavit of service. [00:02:16] Speaker A: Ah, the affidavit. And that's them swearing basically under oath, that they ha. Handed the documents to the right person at the right time at the right place. [00:02:25] Speaker B: Precisely. Under penalty of perjury. Now think about it. A phone call. There's zero legal proof there. You can't go into court and swear you talked to someone on some random phone line. [00:02:36] Speaker A: Right? No recording, no verification. Usually. [00:02:38] Speaker B: Exactly. So if someone's using a call to try and replace that physical delivery, the very thing needed for the affidavit, well, they're not doing their job. They're actually doing the opposite of their job. [00:02:49] Speaker A: That distinction is huge. Just knowing that should make anyone suspicious if they get a call demanding something. [00:02:55] Speaker B: It really should. [00:02:55] Speaker A: But, yeah, you did say rarely, not never. So there must be some tiny edge cases, Right? If the physical delivery is everything, why would a legitimate server ever bother calling? Seems counterintuitive. [00:03:07] Speaker B: It does, but sometimes reality gets messy. They might call purely for logistics. They're trying to be efficient, you know, not trying to serve you via phone. [00:03:15] Speaker A: Okay, Efficiency, not service itself. [00:03:18] Speaker B: Right. There are basically three very specific situations where a professional brief call might happen. But again, strictly logistics, never the actual service. [00:03:29] Speaker A: Okay, let's nail these down. What are these three specific exceptions? So you listening can know what might be. Okay. [00:03:37] Speaker B: Okay, first one. Probably the least common and definitely the least threatening. Scheduling. A cooperative service. [00:03:43] Speaker A: Cooperative? [00:03:44] Speaker B: Yeah. This only works if, say, an attorney has already talked to you, the recipient, and you've actually agreed. Like, okay, yes, I'll accept the papers. [00:03:51] Speaker A: So you already know it's coming? [00:03:52] Speaker B: You know it's coming? Yeah. The server isn't surprising you. They're just calling to arrange the meeting. Like, hey, is 4pm at the coffee shop good, or would 5pm work better? Just setting the appointment for the physical handoff. [00:04:03] Speaker A: Got it. So it's like making an appointment, not an ambush. You're expecting it. [00:04:07] Speaker B: Exactly. Okay, second reason. This one's about geography. Confirming a vague address. [00:04:12] Speaker A: Vague address. Like. [00:04:15] Speaker B: Like imagine the server's actually there. They're physically at the location, but maybe it's a huge apartment complex with confusing building numbers, or it's way out in the country. No clear mailbox. [00:04:27] Speaker A: Right. They're lost, but close. [00:04:28] Speaker B: Yeah, they're in the parking lot. Basically. They might make a quick professional call saying something like, hi, I'm outside trying to deliver documents. Am I building C or is it around back? Just trying to find the door. [00:04:39] Speaker A: So they're using the phone, like a quick directional assist. They're already physically present. [00:04:43] Speaker B: That's the key. They're right there trying to finish the job. They're not fishing for info from miles away. And the third one? Verifying presence at a workplace. [00:04:54] Speaker A: Okay, Calling your job that sounds a bit iffy. [00:04:56] Speaker B: Well, not calling you directly at work, usually, if they plan to serve you at your workplace, they might call the main front desk or maybe hr. Not your personal line. And it's a very polite, brief call. Just asking, is your name working today purely to avoid driving, say, 50 miles out there if you happen to be on vacation that week. [00:05:16] Speaker A: Just checking if you're physically there before they make the trip. Saves them time and the client money. [00:05:22] Speaker B: Exactly. It's about efficiency, saving. A wasted attempt. [00:05:25] Speaker A: Looking at those three, the common third seems to be, like you said, logistics. They're brief, professional calls. The goal is just to make the physical delivery happen smoothly. [00:05:36] Speaker B: Efficiency calls, That's a good term for that. They want to get the paper into your hand, documented, faster. That's it. [00:05:41] Speaker A: Okay. Efficiency, not intimidation. [00:05:44] Speaker B: That's the absolute critical difference. [00:05:47] Speaker A: Okay. [00:05:47] Speaker B: The second that call shifts away from just simple logistics. [00:05:50] Speaker A: Yeah. [00:05:50] Speaker B: You should be on high alert. [00:05:51] Speaker A: And this is where it gets really crucial for you, the listener. Because if the call you get doesn't fit neatly into one of those three boxes, or if the tone just feels off, wrong. [00:06:02] Speaker B: Highly suspicious. [00:06:03] Speaker A: Yeah. [00:06:04] Speaker B: So we need to talk about the absolute red flags. The things a real ethical process server will never, ever do. [00:06:09] Speaker A: Okay, lay them out. What are the big never dos? [00:06:12] Speaker B: This is the stuff scammers rely on. They pretend to be servers to scare you. So, number one, and honestly, the biggest giveaway, they demand money. [00:06:20] Speaker A: Money? Wait, I thought they were already paid. [00:06:22] Speaker B: Exactly. I. A legitimate process server gets paid by their client, the lawyer, the person filing the lawsuit before they even attempt service. They will never ask you, the recipient, for money. Not for a fee, not a fine, not some settlement to make it go away. [00:06:41] Speaker A: So if they say, send me $200 viselle right now, or I'm filing this scam. [00:06:45] Speaker B: 100% scam. If they mention gift cards, wire transfers, anything like that, hang up. That's the clear sign they're trying to get quick cash through fear. [00:06:54] Speaker A: Wow. Okay, so no money demands. What's number two? [00:06:57] Speaker B: Number two, they threaten you. Real process servers are neutral. They're just messengers. They have no power to arrest you, throw you in jail, garnish your wages. None of that. [00:07:06] Speaker A: They're not cops. [00:07:06] Speaker B: Not at all. Scammers, though. They'll use threats. The sheriff is on his way right now. Or we're freezing your bank account immediately if you don't cooperate. That kind of stuff. Aggressive, threatening language. [00:07:17] Speaker A: A real server wouldn't talk like that. They're just there to hand you papers and leave. Exactly. Basically like A specialized courier? [00:07:23] Speaker B: Precisely. They have zero enforcement power. Their job is delivery and documentation. Okay, red flag number three. They ask for sensitive personal information. [00:07:33] Speaker A: Like what kind of info? [00:07:35] Speaker B: Your Social Security number, bank account details, your credit card number, maybe even your driver's license number over the phone. [00:07:41] Speaker A: Why would they need that? Don't the court papers already have identifying info? [00:07:45] Speaker B: Exactly. The documents they're supposedly delivering already have the necessary info provided by the client. They don't need more sensitive data from you to do their job. Asking for that stuff is a huge sign of identity theft or another scam. [00:07:59] Speaker A: Okay, that makes sense. Don't give out that info. What's the Last 1? [00:08:02] Speaker B: Number 4. They use repeated harassment or aggression. Look, serving papers can sometimes be tense, but a professional maintains composure. Multiple calls back to back, screaming, swearing, becoming really aggressive or insulting. [00:08:16] Speaker A: That's not professional. [00:08:17] Speaker B: It's not professional, and it might even be illegal harassment. A real server might be persistent in trying to find you, but they won't resort to abusive phone calls if the caller is losing their temper or calling constantly. It's almost certainly not legitimate. [00:08:32] Speaker A: So to recap, the big four, demanding money, making threats, asking for sensitive data like SSN or bank info, or becoming aggressive and harassing. [00:08:41] Speaker B: If any of those happen, hang up immediately. Don't argue, don't engage. Just hang up. And then seriously consider reporting that call to the Federal Trade Commission, the ftc. They track these scams. [00:08:52] Speaker A: Okay, Hang up and report. Got it. Now, what about the other side? What if someone is actually trying to dodge service? You know, they hide, they don't answer the door. Does the server eventually just get fed up and start making those threatening calls instead? [00:09:04] Speaker B: That's a really important point to clarify. No, avoiding service doesn't make the server suddenly switch tactics to illegal phone harassment. [00:09:12] Speaker A: Why not? Wouldn't they be frustrated? [00:09:14] Speaker B: They may be frustrated, sure, but their goal is still legal service. Remember the affidavit? A threatening phone call still doesn't get them that legal proof Their client paid for a valid service, not an angry phone call. [00:09:27] Speaker A: Ah, right. The client needs it done by the book so the case can move forward. [00:09:31] Speaker B: Exactly. So if direct personal service isn't working because someone's evading, the server has other legal tools. They don't resort to scams. [00:09:39] Speaker A: Like what? What else can they do? [00:09:41] Speaker B: Well, a common one is substitute service. That means they can legally serve another competent adult who lives at your residence, or sometimes, depending on the state rules, a manager or supervisor at your workplace. [00:09:52] Speaker A: So they can give the papers to someone else connected to you? [00:09:55] Speaker B: Yes. Under Specific conditions. It still counts as valid service because the documents reach your sphere, so to speak, and it's documented on the affidavit. [00:10:03] Speaker A: Okay, still a physical delivery just to someone else authorized. [00:10:07] Speaker B: Right. And if they truly can't find you anywhere, maybe you've moved and left no forwarding address, they might use something called skip tracing. [00:10:14] Speaker A: Skip tracing? Sounds like detective work. [00:10:16] Speaker B: It kind of is. They use databases and public records to try and find a new physical address for you. The goal of skip tracing isn't to get your phone number to harass you. It's to find where to physically deliver the papers. [00:10:29] Speaker A: Still aiming for that physical delivery? [00:10:32] Speaker B: Always. And the absolute like last resort, if the court agrees that nothing else worked, is service by publication. They literally publish the legal notice in a newspaper. [00:10:43] Speaker A: Wow. Publish it. That seems extreme. [00:10:45] Speaker B: It is, and it's rare. But the point is, even the extreme measures are about court approved notification methods that lead to a valid record. The threatening phone call just isn't part of that legitimate process. Ever. [00:10:58] Speaker A: And thinking about how they get paid, you mentioned the client pays up front. That structure also points away from them needing cash from the recipient, right? [00:11:06] Speaker B: Absolutely. The standard professional process is the client, like an attorney's office, uploads the documents to the server's secure system. They provide instructions, the address, the server sends back, an invoice, usually prepaid. The client pays, then the server goes out to attempt service. [00:11:21] Speaker A: So the money's handled beforehand between the server and the person suing. [00:11:25] Speaker B: Correct. There's just no reason for the server to need your money during the delivery. If they ask for it, it fundamentally breaks that entire professional model. It screams scam. [00:11:35] Speaker A: Okay, so let's bring it all together. What's the main takeaway for someone listening? [00:11:38] Speaker B: The main takeaway is be extremely skeptical of any phone call claiming to be from a process server, Especially if you weren't expecting any legal trouble. Remember, their entire job, their legal function, depends on that physical affidavit of service. [00:11:53] Speaker A: They deliver papers, they don't collect money, they don't make arrests. [00:11:56] Speaker B: Right. The second that conversation shifts from pure logistics, you know, is building C to demanding money or making threats about jail or seizing assets. That's the moment it stops being potentially legitimate and becomes potentially criminal. [00:12:10] Speaker A: It crosses a very clear line. [00:12:12] Speaker B: A very clear line. The whole point of the scam call is to scare you into paying immediately, bypassing the whole legal system. A real server's job is to initiate your involvement in the legal system through documented physical notice. So money or threats mean it's not real service. [00:12:29] Speaker A: And one final crucial point. [00:12:31] Speaker B: Yeah. If you are actually served with real documents, don't ignore them. This information today is about spotting phone scams. If you get real papers, you need to take it seriously and consult with a qualified attorney as soon as possible to understand your rights and options. This isn't legal advice for your specific case, just a guide against fraud.