This questing came up in an arbitration hearing recently and all three attorneys present kinda looked at eachother confused. I remember seeing the rule somewhere. I think it said something like process servers can say they are a pizza delivery driver. Is that an example? Or is that the only thing process servers can say to get service on perhaps someone evasive. I read today an article at legalpapers.net the servers can use any ruse but police, Fed Ex or UPS.
I know of no restrictions on process servers in particular (the state rules are linked below), although there are laws that prevent anyone, not just process servers, from holding themselves out as a lawyer, a police officer, and a few others. But police officers can impersonate lawyers. http://caselaw.findlaw.com/wa-supreme-court/1495639.html
Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I know of no restrictions on process servers in particular (the state rules are linked below), although there are laws that prevent anyone, not just process servers, from holding themselves out as a lawyer, a police officer, and a few others. But police officers can impersonate lawyers. http://caselaw.findlaw.com/wa-supreme-court/1495639.html
Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I am not aware of any ruling in any state that says a process server must identify themselves as such if they do not want to. However, anyone who gains access to property by identifying themselves as someone they are not, runs the risk of trespassing (e.g., you were allowed to be on my property as a pizza guy but I did not allow you here as a process server).
While this "ruse" could potentially get a process server in trouble (I have never heard of that actually happening), it would not nullify the service of process. The rules there are clear. A person is to be served in a manner that is reasonably calculated to provide actual notice. If they were actually notified (by a real pizza delivery boy or a fake one), then the service has been completed.
Good luck.
I think that the question could be rephrased as," is someone who lies about who or what they are, qualified to act as witness or sign an affidavit that they delivered the documents in question at the time and place to the person who is now questioning how they were served?” All the process server is required to do is provide a sworn affidavit about the service. Not the facts of the case or other dispositive matters.
