Can I sue a process server and plaintiff corporation for harassment?
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Can I sue a process server and plaintiff corporation for harassment?
A process server repeatedly harassed my family, including my mother-in-law at our residence. The first time they showed up, I personally told them the guy they were looking for, my brother-in-law, no longer lived there. He moved over a year prior to a new location. Yet, they continually showed up at our door. We finally just stopped answering the door, so they started looking in our windows at night and even yelled at my wife through the window as she closed the curtains. The final straw is when they caught my mom-in-law in the driveway and slapped the papers on her car windshield and yelled at her.
Asked on August 18, 2011 Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I understand your concerns about the perceived harassment by the process server who is trying to personally serve your brother-in-law with a summons and a complaint regarding a civil action.
Unfortunately for you and your mother-in-law, registered process servers by statute are allowed to go onto land where the person who is to be served with the summons and complaint is believed to be located in attempts to effect service.
Attempts to serve albeit repeatedly can be seen as harassing but are not. However, harsh language from the process server during the attempts is another matter.
From what you have written, it does not appear that you have a factual or legal basis for suing the process server and the plaintiff corporation for harassment.
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