If the process server is a friend of the filing party, is this a conflict of interest?

Answer by  romanguy (233)

A process server only has to be an adult person who is not a party to the case, so using friends or relatives is perfectly legal as long as they are not listed plaintiffs.

Answer by  patti (29325)

The papers were going to be served, whether by "church people" or the Sheriff. Avoiding the service doesn't release her from appearing. Still though, the court should be made aware of the underhanded tactics. A process server should excuse himself from serving parties with whom he is familiar.

Answer by  tamarawilhite (17883)

The suit has already been filed. It does not matter who serves the papers, as long as they are served. Using a friend of the filing party is no more a conflict of interest than a police officer or sheriff delivering summons for a court date they may attend as arresting officer.

Answer by  Ron27 (465)

No, this is not a conflict of interest. It would only be a conflict of interest if the person who served the papers was a plaintiff in the case (or possibly testifying as a witness). Certainly if the papers were served by a non-party to the action and were served correctly, there is nothing that would disqualify a friend.

Answer by  flamiss22 (5081)

If the process server followed the law then there is no conflict of interest. Although she was served in his house there is no law that say she can't.

Answer by  Platypus (180)

There is no conflict of interest consideration for serving process. The law says (federal) that you cannot trick someone into entering a state so that you may serve process and gain "in personum jurisdiction". Tricking someone to accept process in the state they reside is normal and some process servers actually specialize in it.