Do California process servers typically try phone calls before resorting to ambush?

Question

I've reason to believe that someone might be planning to sue me (it's unclear). Last Sunday night I got a knock on my apartment door at around 9:30pm from a stranger who tried to talk me into opening it without saying who she was or why she was there. When I asked her who she was trying to see she mumbled something inaudible.

I live in a secure building, so this has me alarmed. Ordinarily I would assume this was a partygoer who had the wrong unit number, or an inept attempt at some kind of fraud or home invasion. But I've heard that process servers try to surprise people with documents out of the blue. Is it typical for California process servers to go straight to ambush before trying more prosaic methods like simply calling the target on the phone to set up a meeting or showing up at the front desk at their workplace?

If not, this is a safety issue I need to address with my building's security.

For clarity, I am not trying to dodge service, nor do I have a strong reason to believe someone is trying to sue me. The only reason I am considering this possibility is that there was an accident, and one of the parties in that accident has not given any indication of planning to sue, but also isn't returning calls.

So I am trying to learn whether it is typical for injury attorneys in California to ambush people with process before having given notice of planning to sue, and while actively dodging calls. If that is true, then this intrusion into my building is explicable and less worrisome. But if it is unusual for California attorneys to behave in this way, then it becomes more likely that this person was a stalker's accomplice.

Answer 1

Is it typical for California process servers to go straight to ambush before trying more prosaic methods like simply calling the target on the phone to set up a meeting or showing up at the front desk at their workplace?

Process servers (everywhere) almost never call the target on the phone to set up a meeting. This is because process is only successfully served (subject to certain exceptions) if it is hand delivered to the "target". A phone call will frequently cause someone to evade service of process.

while an ordinary lawyer in any other state would simply have someone meet me at my office,

You are mistaken. This would be quite unusual in any state.

If not, this is a safety issue I need to address with my building's security.

A process server is not a threat to your safety in any way. If you suspect that someone is trying to serve you with process, the right thing to do is to allow them to contact you and deliver the papers to you, rather than evading them. If you know the law firm that is trying to sue you, you can contact them and arrange to accept service of process and waive the requirement that a process server hand deliver the papers. A process server will not harm you in any way. They will simply hand you paperwork.

Ultimately, a process server will successfully serve you (either because the job is given to a sheriff's deputy or because a court authorizes substituted service, for example, on your doorman or by email). The harder it is for them to serve you, the more expensive it will be for that to get done and ultimately the costs will be passed on to you.

Also, if you are present and the process server tries to hand deliver papers to you and you refuse to touch or accept the papers, you have still been legally served with process and judgment by default will enter against you if you do not respond by the deadline stated in the summons.

Answer 2

Most of the time we do not make contact with people before serving them. If they are evading service, we have just lost the element of surprise if we make contact first. Secure buildings by law are supposed to allow process servers access for a reasonable amount of time to serve papers.