Editing Service of process (section)

===Trespassing===
In nearly every state of the [[United States]], process servers are restricted from [[trespass]]ing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. [[Gated community|Gated communities]] and apartment buildings have created a difficulty for process servers; however, most are required to allow process servers to enter them. However, this fact may be overcome where the process server is in the direct employment of a law enforcement agency, such as the U.S. Marshals Service, a county sheriff's department, or other law enforcement agency having responsibility to serve documents.

In [[California]], "Registered Process Servers" are granted "...a limited exemption against trespassing in gated communities." This allows servers to enter a [[private property]] for a reasonable period of time to attempt service of process. In California, gated communities which are "...staffed by a [[security guard]], or where access is controlled, must allow a Registered Process Server to enter for service of process upon presenting valid identification, and indicating to which address the process server is going." This does not prevent the security guard from contacting the resident and alerting them that a process server is on his way to their residence.

{{blockquote|(a) Notwithstanding any other provision of law, any person shall be granted access to a gated community ... for the purpose of performing lawful service of process, upon identifying to the guard the person or persons to be served, and upon displaying a current driver's license or other identification, and one of the follow: (1) a badge [applies to sheriffs and marshals] (2) evidence of current registration as a process server...
'''''(b)This section shall only apply to a gated community which is staffed, at the time service of process is attempted, by a guard or other ... personnel assigned to control access .. .it does not apply to a private residence that has posted no trespassing signs''''''|source=§ 415.21 Access to gated communities.}}

In [[Washington (state)|Washington]], "Registered Process Servers" are granted a limited exemption or [[affirmative defense]] against trespassing:
{{blockquote|The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.|RCW 9A.52.090 (4)}}