Would it be a criminal offense to unwitingly fraudulently say I was a process server .....?

Question

I put an ad out that I am a process server and did not know that a process server must be appointed by a judge.I took and delivered the papers on a summons to an individual and have received payment via a money order but have not cashed it yet.Would it be a criminal offense for me to cash this check or should I just tell the person that hired me I screwed up.I am trying to find out through the court how to get appointed but they will not respond

Answer 1

Yes, you are committing fraud by misrepresenting yourself as an officer of the court - in much the same way as if you said you were a police officer/lawyer/judge, etc.

Plus the bigger problem is that the person who you "served" has not truly been served so you have jeopardized the lawsuit and any outcome of it.

Answer 2

Depends on the laws of your state. In my state it would be a criminal offense for "simulation of a public official".

Sounds like the people served were not served legally. You need to contact the person who hired you and thell them that the person served needs to be served again.