Legal Question in Criminal Law in Illinois

Trespassing by a Process Server

After a person is appointed by the Court to serve a Summons upon a defendant, can he be charged with trespassing on the defendants' property if the defendant has "NO TRESPASSING" signs by his driveway and the process server entered the property and knocked on the defendants' door. Is he not in fact an "officer of the Court" during the time that he is on the property during the attempt to serve the summons? What provision makes him immune, if at all?


Asked on 3/23/00, 7:45 pm

1 Answer from Attorneys
Zedrick Braden III

Re: Trespassing by a Process Server

The person appointed to serve a summons and complaint who is not a

deputy with the Sheriff's department

is referred to as a special process

server. Generally, one appointed

as a special process server is immune

from a charge of trespass under these

circumstances. Yes, you are correct,

the designation "special process server" does bring one into the orbit of being an officer of the court. If

someone who is a special process

server is sued for trespass, generally

a court of law would dismiss the

lawsuit.

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Answered on 3/28/00, 2:26 am


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