Yes, a process server can legally come to your house to serve you court documents even if you have a “No Trespassing” sign posted. Here’s why:
1. Service of Process Exception
Most states recognize a legal exception for process servers to approach a residence in order to serve legal papers. Courts generally consider your front door or porch area to be impliedly open to the public for lawful purposes—such as delivery, visitors, or service of legal documents.
2. No Trespassing Sign Doesn’t Invalidate Service
Posting a “No Trespassing” sign does not automatically make service invalid. As long as the server doesn’t:
- Enter locked gates or physically secured areas,
- Ignore specific state restrictions (like serving on Sundays in some states),
- Or use deception or force,
then the service is generally considered valid and legal.
3. If You Avoid Service
If you try to avoid being served by refusing to answer the door or denying access, the opposing party may ask the court for permission to use alternative service, like:
- Substituted service (leaving documents with someone else at your residence),
- Posting the notice,
- Or service by mail or publication.
Bottom Line
Your “No Trespassing” sign may discourage unwanted visitors, but it does not prevent a legal process server from attempting to serve you at your home. If you’re concerned about your rights or the legitimacy of service attempts, you may want to consult with an attorney.