A process server shows up at your home.
You panic. You don’t know your rights. You make mistakes.
You need to know what to do.
Your rights. Proper etiquette. Next steps. Your protection.
This guide shows you how.
Legal rights. Response etiquette. Action steps. Your defense.
Read this. Know your rights. Respond correctly.
Key Takeaways
- You have rights when a process server visits—you can ask for identification, verify the documents, and refuse service if it's not properly executed
- Accepting service doesn't mean you're admitting guilt—service of process is just notification that a lawsuit exists, not a judgment against you
- Don't ignore service—if you're properly served, you must respond within the deadline or risk default judgment
- Contact legal counsel immediately—after being served, contact an attorney within 24 hours to understand your options and response requirements
- Prevent future home visits—use a registered agent service so legal papers are delivered to a business address, not your home
Table of Contents
Why Rights Matter
Knowing your rights protects you.
What happens without knowing your rights:
- You panic and make mistakes
- You accept improper service
- You don’t respond correctly
- Legal problems escalate
What happens when you know your rights:
- You respond calmly
- You verify proper service
- You take correct action
- Legal problems are handled properly
The reality: Knowing your rights prevents costly mistakes.
Your Legal Rights
You have specific rights:
Right to Verification
What you can do:
- Ask for identification
- Verify the server’s credentials
- Confirm the documents are for you
- Verify the court and case information
Why it matters: Verification ensures proper service.
Right to Refuse Improper Service
What you can do:
- Refuse service if not properly executed
- Refuse service if documents are incorrect
- Refuse service if server is not authorized
- Document any improper service attempts
Why it matters: Refusing improper service protects your rights.
Right to Legal Counsel
What you can do:
- Contact legal counsel immediately
- Have counsel review documents
- Get legal advice on response
- Have counsel handle response
Why it matters: Legal counsel ensures proper response.
Pro tip: Know your rights. Verify service. Contact legal counsel. See our process server guide for prevention strategies.
Proper Etiquette
Follow proper etiquette:
Stay Calm
What to do:
- Remain calm and professional
- Don’t panic or become aggressive
- Treat the server with respect
- Keep the interaction brief
Why it matters: Staying calm prevents escalation.
Verify Information
What to verify:
- Server’s identification
- Document accuracy
- Court and case information
- Service requirements
Why it matters: Verification ensures proper service.
Accept Service Properly
What to do:
- Accept documents if properly served
- Sign acknowledgment if required
- Get a copy of service documents
- Note the date and time
Why it matters: Proper acceptance ensures legal compliance.
Pro tip: Follow proper etiquette. Stay calm. Verify information. Accept service properly. See our document triage guide for response procedures.
What to Do
Take these steps:
Step 1: Verify Service
What to do:
- Ask for server identification
- Verify documents are for you
- Confirm court and case information
- Check service requirements
Why it matters: Verification ensures proper service.
Step 2: Accept Service
What to do:
- Accept documents if properly served
- Sign acknowledgment if required
- Get a copy of service documents
- Note date, time, and server information
Why it matters: Proper acceptance ensures legal compliance.
Step 3: Contact Legal Counsel
What to do:
- Contact legal counsel within 24 hours
- Provide all service documents
- Get legal advice on response
- Understand response deadlines
Why it matters: Legal counsel ensures proper response.
Step 4: Document Everything
What to document:
- Date and time of service
- Server identification
- Documents received
- Your response actions
Why it matters: Documentation provides proof of service and response.
Pro tip: Follow these steps. Verify, accept, contact counsel, document. See our document triage guide for detailed procedures.
What Not to Do
Avoid these mistakes:
Don’t Panic
What not to do:
- Don’t panic or become aggressive
- Don’t refuse service improperly
- Don’t ignore service
- Don’t delay contacting counsel
Why it matters: Panic leads to mistakes.
Don’t Ignore Service
What not to do:
- Don’t ignore service documents
- Don’t delay response
- Don’t assume it’s a mistake
- Don’t wait to contact counsel
Why it matters: Ignoring service leads to default judgment.
Don’t Admit Anything
What not to do:
- Don’t admit fault or liability
- Don’t discuss the case
- Don’t make statements
- Don’t sign anything without counsel
Why it matters: Admissions can be used against you.
Pro tip: Avoid these mistakes. Stay calm. Don’t ignore service. Don’t admit anything. See our cost guide for consequences of mistakes.
Next Steps
Take immediate action:
Within 24 Hours
What to do:
- Contact legal counsel
- Review service documents
- Understand response requirements
- Identify response deadline
Why it matters: Quick action prevents missed deadlines.
Within 48 Hours
What to do:
- Get legal advice on response
- Prepare response if needed
- File response if required
- Document all actions
Why it matters: Timely response prevents default judgment.
Ongoing
What to do:
- Follow legal counsel’s advice
- Respond to all court requirements
- Document all actions
- Track all deadlines
Why it matters: Ongoing compliance ensures proper defense.
Pro tip: Take immediate action. Contact counsel. Respond on time. See our document triage guide for detailed procedures.
Prevention
Prevent future home visits:
Use Registered Agent Service
What to do:
- Use professional registered agent service
- Have legal papers delivered to business address
- Avoid home address on public records
- Protect your privacy
Why it matters: Registered agent service prevents home visits.
Separate Business from Home
What to do:
- Use business address for all filings
- Keep home address private
- Use virtual address if needed
- Separate business and personal mail
Why it matters: Separation protects your privacy.
Update Your Records
What to do:
- Update registered agent if needed
- Ensure business address is current
- Remove home address from public records
- Maintain privacy protection
Why it matters: Updated records prevent home visits.
Pro tip: Prevent future visits. Use registered agent service. Separate business from home. See our registered agent guide for service options.
Your Action Plan
Know your rights. Respond correctly. Prevent future visits.
If Served Today:
- Stay calm and verify service
- Accept service if proper
- Contact legal counsel within 24 hours
- Document everything
This Week:
- Follow legal counsel’s advice
- Respond to all requirements
- Track all deadlines
- Document all actions
Going Forward:
- Get registered agent service
- Separate business from home
- Update your records
- Prevent future home visits
Need help? Check out our registered agent guide for service options, our process server prevention guide for avoiding home visits, our document triage guide for response procedures, our cost guide for consequences, and our business separation guide for privacy protection.
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Sources & Additional Information
This guide provides general information about process server rights and response. Your specific situation may require different considerations.
For registered agent services, see our Registered Agent Guide.
For process server prevention, see our Process Server Prevention Guide.
For document triage, see our Document Triage Guide.
For consequences, see our Cost Guide.
For business separation, see our Business Separation Guide.
Consult with professionals for advice specific to your situation.
