Missoula, MT asked in Gov & Administrative Law for Montana

Q: Is it legal in Montana for a process server to get someone to let them into your secured building?

Local police have had trouble getting in to the building so I really believe someone let them in.

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James L. Arrasmith
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Answered

A: In Montana, the legality of a process server gaining access to a secured building depends on the methods used to gain entry. Process servers are generally allowed to use legal means to serve papers, which includes entering public areas of buildings. However, they must abide by all laws and regulations, including those related to trespassing and unauthorized access.

If a process server is let into a building by someone, such as another resident or a staff member, this is typically considered legal. It becomes a matter of the building's internal policies or the discretion of the person granting access. Process servers are not allowed to break into a building or use deception to gain entry.

In your case, if you believe a process server entered your building inappropriately, it might be helpful to review the building's access policies and speak with management or the person who might have allowed entry. If you suspect illegal actions were taken to gain entry, you can consider discussing the matter with legal counsel to understand your rights and options in this situation.

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