Laws Prohibiting Interference with Service of Process

Federal Law, Title 18 U.S.C. Section 1501. Assault on process server, covers this subject.                                                                                                                                                                                                      It reads in part:

” Whoever knowingly and willfully obstructs, resists, or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States, or United States magistrate judge…shall, except as otherwise provided by law, be fined under this title or imprisoned not more than one year, or both.”

 

Enforcement of this law varies across jurisdictions.  Some states do not provide statutes  or codes prohibiting interference of service.  Fortunately, the great state of Kansas has a statute under Chapter 21 – Crimes and Punishments.  Kansas Statute 21-3808. Obstructing legal process or official duty reads in part:

(a) Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.

(b) (1) Obstructing legal process … in the case of a felony, … is a severity level 9, nonperson felony.

(2) Obstructing legal process … in a case of a misdemeanor, … is a class A nonperson misdemeanor.”

The Statute applies to  anybody, within the jurisdiction of the Kansas courts, who interferes with a serve.   This could be a spouse, a receptionist, a guard, a co-worker, a friend or a relative.  It is interesting to note that under Section 21 (d) Personal and residence service, (4) “In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be a sufficient service of the process.”

The contents of this website are provided for informational purposes.  It is not to be considered legal advice.

References:  Federal Law , Kansas Statute