What happens if you can’t serve someone?
Requirements for Process of Service & More
Many people believe that the moment you file your case and all supporting documents with the courthouse, your lawsuit officially starts. By doing this, you open a case with the local court system, but filing a case does not automatically result in a judgment being granted to you. In actuality, until the opposing party has received process, the court does not even take into account whether the law grants you any kind of judgment.
Getting served with court papers is also known as being “served process.” “Process” refers to the document that a process server or other legally authorized person delivers to the opposing party in your case, together with a copy of your lawsuit and instructions on how to reply to it.
Service Requirements and Methods: Process serving involves delivering legal documents to individuals involved in a lawsuit. Each jurisdiction has specific rules governing how service must occur. Ideally, a process server personally hands the documents to the intended recipient. This ensures direct notice of the legal proceedings. However, if personal service is not feasible, alternatives come into play:
- Residence Service: If the recipient cannot be personally served, the process server may leave the documents with someone of suitable age and discretion at the recipient’s residence.
- Workplace Service: Serving the recipient at their workplace is common, especially for business-related matters.
- Publication Service: In exceptional cases (such as missing persons), courts may allow service through publication in newspapers or other public channels.
What happens after the person is served?
2. Affidavit of Service and Consequences: After successfully serving the documents, the process server submits an affidavit of service to the court. This document attests to the details of the service, including the date, time, location, and method used. The affidavit is crucial for validating that proper service occurred. However, challenges arise when individuals actively evade service. Some change addresses, avoid process servers, or refuse to accept the documents. Process servers employ investigative techniques to locate recipients and ensure proper service. Persistent efforts are essential to overcome evasion tactics. Remember that improper service can jeopardize the legal case, leading to delays, dismissal, or sanctions. Thus, adhering to legal procedures and addressing legal matters promptly is crucial.
When someone actively avoids being served with legal documents, it can complicate the legal process. Here are the potential consequences:
Delay in Legal Proceedings:
If the intended recipient successfully evades service, it delays the case. Without proper service, the court cannot proceed.
The plaintiff (the party initiating the lawsuit) may need to make additional efforts to locate and serve the defendant.
Alternative Methods of Service:
Process servers may employ alternative methods to serve the documents:
Substitute Service: If personal service isn’t possible, the server may leave the documents with a responsible person at the recipient’s residence or workplace.
Publication Service: In exceptional cases (such as missing persons), courts may allow service through publication in newspapers or other public channels.
Social Media Service: Some jurisdictions permit service via social media platforms if traditional methods fail.
Service by Mail: In certain situations, service by certified mail may be acceptable.
However, these alternatives depend on local rules and court approval.
Court Intervention:
If all attempts fail, the plaintiff can request court intervention.
The court may issue an order to show cause or a bench warrant compelling the defendant to appear.
The defendant could face penalties for contempt of court if they continue to evade service.
Default Judgment:
If the defendant consistently avoids service, the court may proceed with a default judgment.
In a default judgment, the plaintiff wins by default because the defendant didn’t respond.
The court considers the plaintiff’s claims without the defendant’s input.
Persistent Efforts:
Process servers often make multiple attempts to serve the documents.
They may visit the recipient’s home, workplace, or other known locations.
Surveillance and investigative techniques may be used to track down the elusive recipient.
Remember that proper service is essential for due process and fairness. Courts take avoiding service seriously, and legal proceedings hinge on ensuring that all parties have notice of the lawsuit.
We can help you serve even the most stubborn cases, with SilverShield Investigations. Give us a call today and we’ll find out together what we can do for you.