A great process server can find almost any party and will always remain within legal compliance. This may involve innovative methods and document delivery outside of normal business hours, but there are ways a private process server can still work with integrity and efficiency.
Nationwide, attorneys depend on private process servers to seamlessly start their cases, and failed delivery attempts shouldn’t have to delay the legal process. Most states have protections in place to allow a process server to document service attempts and file each attempt with the courts. However, someone who avoids being served can present challenges and delays to the progress of a case.
So what can a process server do when an intended recipient is actively trying to avoid being served? Are there ways to legally and ethically counteract someone who’s avoiding service without impacting their right to due process?
Let’s take a look at tips and effective methods to serve someone who is trying to elude a process server.
Why someone might try to avoid service
There are a multitude of reasons why someone might try to avoid a process server, and although this can provide challenges, a great private process server won’t be deterred. People who try to evade service erroneously believe that this will put a stop to any case against them.
Thankfully, most states have laws in place to ensure a case that follows proper protocols can proceed if an intended recipient of a service of process cannot be located.
Nationwide process servers can utilize technology and innovative methods to find an intended recipient and have a thorough understanding of regional, state, and federal laws that will help them remain within compliance.
It helps to understand the motivation of someone eluding service in order to correctly reach them. Some of the reasons someone might try to avoid service include:
- Fear of Legal Consequences or Attempt to Delay Proceedings: An individual might be aware that a lawsuit has been filed against them, and think that the case will not proceed if they can avoid being served.
- Dissolution of Marriage: Divorce proceedings have begun against them, and the intended recipient believes if they don’t accept delivery, the divorce cannot move forward.
- Avoiding Financial Liability: An individual served with papers related to debt collection or other financial penalties may erroneously believe that avoiding service will protect them from having to pay these debts.
- Embarrassment: If an individual is approached by a process server in public, they may feel embarrassed and avoid service in front of coworkers and employers, and social connections.
- Fear of Negative Outcomes: A person may fear the outcome of the service of process. For example, they may worry that they’ll have their assets seized, lose custody of their children, or other life-altering negative outcomes that compel them to avoid service.
Common evasive tactics used to avoid service
Although avoiding service won’t automatically erase a case, people often attempt to evade a process server. Someone who is avoiding service may attempt to use the following tactics:
- Avoiding answering the door
- Avoiding their home and workplace
- Denying their identity. For example: Process server: “John Smith?” John Smith: “No! That’s not me!”
- Masking their appearance. For example, wearing a hat and sunglasses to make identification harder.
- Refusal to accept documents
What happens to a case if someone avoids service
Unfortunately, many people try interfering with, resisting, or avoiding process servers, which can take vital time away from a process server’s work.
A court decision may still be made if a party refuses service, and due process is given to answer a complaint, subpoena, or summons after receiving a legal document delivery. A process server might even share this information with a party who refuses to open their door, impersonates another identity, etc.
A great process server usually makes repeated attempts to serve an intended recipient at their residence, workplace, or locations where they’re known to frequent before asking the courts for permission to use substitute methods.
Penalties for avoiding service
The penalties for someone who is avoiding service can vary depending on local and state regulations. However, generally speaking, the penalties can include:
- Contempt of Court
- Default Judgment
- Expenses (such as paying the plaintiff’s court fees)
- Inability to answer an erroneous complaint
- Limited ability to appeal a default judgment
State laws to protect service of process
Along with the aforementioned penalties, some states have laws and regulations that protect the service of process and if violated, can result in hefty fines and even criminal charges.
For example, in Florida, Statute 48.031 requires an employer to allow a process server to serve an employee in a designated area. If the employer fails to comply, can face a fine of up to $1,000.
In Illinois, Sec. 31-3 of the state Criminal Code states that an individual who obstructs the service of process is guilty of a Class B misdemeanor. Common evasive tactics used to avoid service
Although avoiding service won’t automatically erase a case, people often attempt to evade a process server. Someone who is avoiding service may attempt to use the following tactics:
- Avoiding answering the door
- Avoiding their home and workplace
- Denying their identity. For example: Process server: “John Smith?” John Smith: “No! That’s not me!”
- Masking their appearance. For example, wearing a hat and sunglasses to make identification harder.
- Refusal to accept documents
What happens to a case if someone avoids service
Unfortunately, many people try interfering with, resisting, or avoiding process servers, which can take vital time away from a process server’s work.
A court decision may still be made if a party refuses service, and due process is given to answer a complaint, subpoena, or summons after receiving a legal document delivery. A process server might even share this information with a party who refuses to open their door, impersonates another identity, etc.
A great process server usually makes repeated attempts to serve an intended recipient at their residence, workplace, or locations where they’re known to frequent before asking the courts for permission to use substitute methods.
Penalties for avoiding service
The penalties for someone who is avoiding service can vary depending on local and state regulations. However, generally speaking, the penalties can include:
- Contempt of Court
- Default Judgment
- Expenses (such as paying the plaintiff’s court fees)
- Inability to answer an erroneous complaint
- Limited ability to appeal a default judgment
State laws to protect service of process
Along with the aforementioned penalties, some states have laws and regulations that protect the service of process and if violated, can result in hefty fines and even criminal charges.
For example, in Florida, Statute 48.031 requires an employer to allow a process server to serve an employee in a designated area. If the employer fails to comply, can face a fine of up to $1,000.
In Illinois, Sec. 31-3 of the state Criminal Code states that an individual who obstructs the service of process is guilty of a Class B misdemeanor.
5 tips to serve someone who is avoiding service
If you’re having a tough time locating someone who needs to be served, there are several options that can help you to verify attempts at service. A great process server will use the different methods legally available to ensure that your case isn’t jeopardized.
Here are some tips on how to serve someone who is avoiding service.
Document service attempts to protect your case
Make sure all attempts at delivery are documented in detail and filed with the courts. For example, if a process server attempts to serve someone at home several times in a row, each attempt should be recorded and verified via your state or municipality’s “proof of service” form.
A proof of service form typically includes the following details:
- Date
- Location of each attempt
- Method of Service
- Time
- Documented details about any refusal of service
Filing this information with the courts can demonstrate successful service of process and allow your case to move forward.
Use an adaptable and patient process server
Adaptability and patience are crucial traits for any successful process server. Every delivery varies — some are straightforward while others are more complicated.
A process server may have to wait for an intended recipient at their place of employment or their home, and the first delivery attempt isn’t always successful. The need for patience increases for someone who is avoiding service.
Similarly, a process server needs to be adaptable to change in delivery instructions and the location of delivery. If it becomes obvious that someone is trying to elude service, it may be necessary to serve them at work rather than at home, etc.
Provide accurate details to your process server
The right process server can prove extremely beneficial to alleviating an attorney’s stress and case workload. However, it’s important that they are given all pertinent details about an intended recipient and the nature of the case to ensure efficient delivery.
If you have a recipient’s current address, place of employment, frequented locations, and social media profile details, make sure you share this information with your process server. If a named party in your case seems prone to try to avoid getting served, it’s important that a process server knows this as well.
Skip tracing and additional resources
Effective skip tracing methods are a vital tool for any good process server. Skip tracing from an excellent process server typically involves tracking social media activity, researching personal and professional histories, searching public and private databases, and more.
Skip tracing, other legal investigative techniques, and additional resources such as technology tools can help track an individual who is trying to avoid service.
Substitute methods of service
In most states, there are substitute methods of service that the courts will accept if attempted personal delivery fails. However, it’s important to remain up-to-date on state or regional laws that apply to service of process to ensure legal compliance.
A court order may allow service of process to be deemed successful by:
- Certified mail to last known address
- Filing with the secretary of state or court clerk
- Leaving the delivery with an adult who shares the recipient’s residence
- Leaving the delivery with an employer
- Publishing in a newspaper ad
To learn more about industry-leading, nationwide process services, partner with the best process servers available, and more, visit Firefly Legal.
