A skilled 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 professional process server can work with integrity and efficiency.
Attorneys nationwide depend on professional process servers to launch their cases, so they understandably feel frustrated when unsuccessful service of process delays their legal matter..So how can a process server help law firms successfully deliver court documents when a defendant is actively trying to avoid service?
The answer: There are there ways to legally and ethically counter someone who’s avoiding service without impacting that person’s right to due processLet’s take a look at five tips professional servers use to deliver documents to someone who is trying to avoid service.
Why Parties Avoid Service
There are a multitude of reasons someone might try to avoid a process server, and although this can provide challenges, a skilled professional 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, which we discuss later in this article.
Proceed delivers technology-enabled service of process nationwide, utilizing innovative methods to find intended recipients while maintaining a thorough understanding of regional, state, and federal laws to ensure 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 Tactics Used to Avoid Service
Although avoiding service won’t automatically erase a case, parties named in a lawsuit often attempt to evade a process server. Someone who is avoiding service may attempt to use the following tactics:
- Avoid answering the door
- Avoid their home and workplace
- Deny their identity. For example: Process server: “John Smith?” John Smith: “No! That’s not me!”
- Mask their appearance. For example, wearing a hat and sunglasses to make identification harder
- Refuse 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. A process server might even share this information with a party who refuses to open their door, impersonates another identity, etc.
A skilled 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, they 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 Court Documents to Evasive Parties
If you’re having a tough time locating a party , there are several options that can help you verify attempts at service of process. A professional 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.
1. 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. At Proceed, our technology-enabled approach ensures accurate documentation and seamless filing workflows, maintaining compliance with jurisdictional requirements.
2. 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 changes 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.
Proceed’s service of process professionals are trained to handle complex situations with precision and accountability, ensuring fast, compliant service with national reach.
3. 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.
Our dispute management platform helps legal teams organize and track case details efficiently, ensuring process servers have the information they need to complete service successfully.
4. Skip Tracing and Additional Resources
Effective skip tracing methods are a vital tool for any professional 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.
Proceed leverages advanced technology and investigative methods to locate individuals who are avoiding service. Our expertise has been strengthened through strategic acquisitions, including expanding our capabilities in Texas and California, ensuring national coverage with local expertise.
5. 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
Technology-Enabled Service of Process With Proceed
Proceed is a leading nationwide provider of technology-enabled legal services and expert guidance. Built on 80 years of experience as Counsel Press, we’ve evolved into a national, multi-dimensional platform operating across the dispute lifecycle.
Our service of process capabilities ensure fast, compliant delivery with national reach and proven reliability. We empower legal teams to navigate complex matters with speed, accuracy, and confidence.
From e-filing at the start of a lawsuit to service of process as cases are initiated, and dispute management as matters progress through appellate services if needed, we deliver precision, operational excellence, and technology-enabled efficiency throughout the entire litigation lifecycle.
Our deeply-versed lawyers and legal professionals provide the expert input and specialized guidance that complement your own expertise to support flawless performance. We understand the intricacies of process serving and are committed to helping attorneys, law firms, and businesses manage their cases smoothly and efficiently.
With our recent strategic acquisitions expanding our national footprint and enhancing our technology infrastructure, Proceed reinforces its position as one of the most comprehensive providers of service of process solutions in the country.
Contact our team today to learn more about how Proceed can support your litigation needs with professional service of process, advanced skip tracing capabilities, and comprehensive litigation support services. From first filing through final appeal, we move litigation forward with confidence.
