Why You Should Not Avoid Process Servers

There are legends passed down through the generations that give the impression that avoiding a civil process server can be effective to stop litigation against you. This is quite simply untrue.

While it may not illegal to passively avoid being served with a process, it will almost never be helpful to a defendant or witness receiving papers. In some cases, evading service may result in court orders and decisions being made without your knowledge or input, often resulting in drawn-out and more costly litigation for you.

Courts have said that simply choosing to not answer your door does not constitute evasion of service. You don't have to answer the door when anyone comes knocking, so no one is saying that you have to answer the door when the process server comes knocking.

This brings us to the inevitable question of how to distinguish between consciously evading service and simply being uncooperative. That will be determined by the specific actions taken by the document recipient, as described by the process server’s affidavit, and to be reviewed by a judge.

Evading service of process makes the process more challenging for the party filing legal action against you, but it cannot stop the proceedings. If the person trying to sue you can document to the judge that they have made multiple sincere attempts to have you served but couldn’t do so, a judge may provide a few other options for them to serve you.

While state rules may vary, most of the following apply wherever you may be:

  • The judge may allow service to be rendered by having the papers left at a defendant’s business or home with a co-resident or any competent person of a certain age.

  • Additionally, and depending on the jurisdictions involved, the process serving agent may be permitted to post the documents at the entrance to or other prominent location at the last known address. The serving agent provides the court a time/date-stamped photograph of the posting, and as with almost all cases, will provide a sworn affidavit describing failed and successful attempts, as well as any evasion on behalf of the document recipient.

  • The process serving agent may be instructed or given permission to send the documents by U.S. Mail to the defendant’s last known home or business address via Certified Mail, and to include documentation of that diligence on the affidavit. They may also ask that the papers be sent by first-class mail at the same time.

  • The party looking to take legal action against you may also be given permission to post notices in local newspapers and other publications.

While you literally may not want to see the documents, receiving them is your first step in resolving the litigation and putting it behind you. The earlier you can prepare, the better off you will be.

  • Answer the door.

  • Accept the documents.

  • Review the documents and, if needed, call an attorney, accountant, and/or other professionals to help you in responding to the matter as soon as possible

No one likes to receive what they perceive as bad or threatening news, but knowing specifically what the documents state, the dates of any upcoming hearings, or other expectations, will be key in making the outcome potentially work to your advantage.

All this being said, Logical Services can prepare thorough affidavits detailing our unsuccessful attempts at service, which can include “waiting time,” marking vehicles or other assets, canvassing neighbors, and observations that we feel meet the criteria of evasion.

Please let us know at the start of your assignment if you expect a witness or defendant might attempt to evade service so that we can prepare accordingly. Always feel free to call us to discuss the potential service of process needs of your cases.

Alejandra for Bergen Notary & Document Services/Logical Services

Alejandra

First generation American, my mom is from Cuba, and my dad was from Ireland.

First-time mom and overall geek, Part time, I run Operations and was knocking out about two dozen Notary Loan Signings monthly Pre-COVID, Pre-Baby, etc.

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