Sam Has NOT Been Served

2/7/2008 3:37 PM PST

Sam Has NOT Been Served

TMZ has confirmed that Sam Lutfi has not been served with the restraining order sought by Brit's parents-- yet.

If he comes in contact with Britney, it technically wouldn't violate the restraining order issued against him -- since he hasn't officially been given notice.

It's a technicality, yes, but Sam could argue he doesn't know about the TRO since he hasn't even seen it.

Of course, he'd also have to prove he doesn't use the Internet ... or read the newspapers ... or watch TV or ...