The Right to Defend Yourself

First let me state, process servers should do everything within their power to avoid conflict. I personally have adopted a motto of “serve them and leave them”. I have been called every name in the book. I have been yelled at, told things about my mother I know to be untrue and yet I have never been involved in an altercation. (Knock on wood)

With that said, I know there are instances where process servers are forced to defend themselves and we have a right to defend ourselves from imminent danger or attack. Some process servers have degrees in a martial art or legally carry a conceal weapon. The use of pepper spray is a common legal method used for self defense.

Through this article I do not advocate a preemptive strike, nor do I advocate waiting until you have been attacked prior to defending yourself. Every situation is different and I would leave the actions of self defense to the process server who has his or her boots on the ground. I suggest only those involved in an altercation, exhaust all options to avoid any altercation and the use of common sense.

Should self defense become necessary, I recommend the following:

  • Do everything necessary to protect yourself, do not go overboard
  • Leave the scene quickly but do not leave the area
  • Call the local police department to report the incident
  • Meet with officers to file a report
  • Follow up

Under no circumstances should these things be done tomorrow or days later after you are contacted by the police. I can assure you, the other person involved in the altercation will file a police report. If you delay filing a report the police could take your actions as a sign of guilt.

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