8 Tips to Help Process Servers Avoid Trespassing Charges

Last updated October 25, 2026

Process server can avoid trespassing charges Editor’s note: Laws vary between states, so be sure to know your local laws that affect service of process. This article offers general tips to help process servers learn what activity may give rise to trespassing concerns in their state. It is not legal advice.

Process servers sometimes find themselves walking a fine line between doing their job and trespassing. It is not uncommon for a person being served to call the police and say the process server is trespassing on their property. Whether you actually crossed that line may ultimately be up to the courts. But you can often avoid the risk of criminal prosecution by using equal parts legal knowledge and common sense.

These situations can draw public attention. In 2021, a process server delivering a federal lawsuit to an Alabama congressman faced a criminal trespass complaint after following the congressman’s wife into the family’s attached garage, an encounter captured on home security video and covered nationally. Whatever the merits, it shows how quickly a routine serve can turn into a legal problem for the server.

We spoke to Colorado criminal defense attorney Lara Marks about ways to avoid trespassing charges. While she can only comment specifically on Colorado law, Marks did offer her thoughts on how process servers nationwide can boost their knowledge about preventative measures to sidestep trespassing charges.

1. Consult with a local lawyer

Marks admits that “sometimes statutes are pretty difficult to decipher even with legal training.” Doing your own research is a great first step toward building your knowledge, but you should consult a lawyer to be sure you have a clear understanding of the law. To learn more about the rules in your state, visit ServeNow's section covering process serving laws.

2. Pay close attention to local statutes and ordinances

Marks recommends closely examining local ordinances because sometimes the law can vary based on the local municipality or county. You could be serving in one county whose local laws are slightly different from those in a county five miles down the road. Local laws usually define key terms, outline penalties for trespassing convictions, and are often annotated with court cases describing specific scenarios.

Local laws also often contain important definitions, such as behavior that is appropriate in fenced or gated areas; common areas of hotels, motels, condominiums or apartment buildings; motor vehicles and more. Not knowing what your state says about trespassing in these areas can lead to decisions that courts may view as unlawful.

3. Assess each situation with fresh eyes

Using your knowledge of local laws, run through a mental checklist to gauge your trespassing risk on each job:

Is it a gated community or a locked building?
Is there a sign warning against trespassing?
Have you been verbally told to leave?
Would you have to step inside a home, an attached garage or another enclosed space to reach the person?

Once you know whether these are legal red flags in your state, answering these questions and acting accordingly should help you avoid problems in most cases. As a rule, stay on the most direct path to the front door and do not follow anyone inside a dwelling. Even states that exempt process servers from trespass laws generally don’t give them permission to enter a home.

4. Explore your location options

If you’re concerned about serving the person at a certain location because of possible trespassing charges, find out whether there is a less risky place to serve them, such as their workplace or a public place they visit regularly.

5. Voice your concerns to the client

Marks acknowledges that some clients will push to have papers served at all costs, without concern for the process server’s safety or professional well-being. While you want to practice due diligence in serving someone, you do not want to put yourself in harm’s way to appease overzealous clients. It is costly and time consuming to fight a legal battle if you are charged with wrongdoing.

Ideally, the process server will feel comfortable bringing his or her concerns to the client if there is a clear risk of criminal charges.

“If you are concerned about an evasive person and your instinct is telling you there’s a problem, communicate with the attorney for whom you are working. When someone is refusing to be served, there may come a time when it makes sense to have a court weigh in on the evasion – rather than put you as the process server in a precarious legal position,” Marks said.

When a court weighs in, it may authorize an alternative method such as substituted service or service by posting, which can take the pressure off a risky in-person attempt.

6. Carefully document each serve

Detailed notes about each serve can help you if you face trespassing accusations. Record the date, time, number of attempts, physical characteristics of the property (fences or gates, no-trespassing signs, etc.), and interactions with subjects. GPS-stamped attempts and photos make your record stronger, and many servers now use body cameras where state recording laws allow. The more information you can memorialize, the better. Just know that while the information you provide can support your case, it can also become “discoverable” information in certain circumstances. Take care to properly record your activities and assure yourself that your service efforts are lawful.

7. Join a process server association

Most state process server associations have legislative committees that are well-versed in local laws and stay current as those laws change. They are a valuable source of education and support to help you prevent or fight trespassing charges. Associations are also active in working to change laws to make them more process server-friendly, so as a member you can play a part in those efforts.

8. Contact a lawyer if charged with trespassing

Marks has two main pieces of advice if you are charged with trespassing: know your rights and contact a lawyer.

“My recommendation to anybody who fears they may be facing criminal charges is that the first thing you should do is contact a lawyer in your area,” she said.

Lara Marks, now Lara Marks Baker, is a criminal defense attorney and a shareholder at Recht Kornfeld in Denver. She was with Foster Graham Milstein & Calisher at the time of this interview.

States That Exempt Process Servers From Trespass Laws

A handful of states have written process servers into their trespass statutes. These exemptions are narrow, so read the actual statute before relying on one.

Illinois: The criminal trespass to real property statute, 720 ILCS 5/21-3, does not apply to a person authorized to serve process under Section 2-202 of the Code of Civil Procedure, or to a special process server appointed by the circuit court, while serving process. Read more in Illinois Process Servers Protected Against Physical Attack and Trespassing Charges.
Michigan: Public Act 230 of 2013 exempts process servers who enter land or premises to serve an owner, occupant, lessee or their agent, but only while the server is taking the most direct route to make service. Detours, such as going around the back of a property, are not covered (House Fiscal Agency analysis).
Gated communities: Several states, including Illinois, require gated communities to give process servers access. See Civil Process Service in Gated Communities.

Most states have no such exemption, and none of these laws give a process server the right to enter someone’s home.

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