Process Server: Why Avoiding Them is Not the Solution
Written by
- Redaction Team
It might seem like avoiding a process server is a good way to put off legal problems, but it’s not a way to get out of a case. As part of due process, a process server’s job is to send legal documents that warn someone of impending legal action.
A lot of people take steps to avoid process servers because they think it will protect them from legal trouble. This can include refusing to answer the door, pretending to be someone else, or even moving to avoid service. Process servers are resourceful, though, and can use a variety of legal ways to make sure the documents are delivered. In the end, courts are aware of these ways of avoiding responsibility and often punish people for them.
Why Avoidance Doesn’t Stop the Lawsuit
Contrary to what most people think, avoiding a process server does not stop a case. There are ways for courts to deal with defendants who won’t participate. For example, substituted service makes sure that papers are officially delivered, even if they aren’t given to the person directly.
In some cases, courts may also let papers be mailed or left at someone’s home. These acts can sometimes lead to a default judgment, which means the court moves forward with the case without the defendant’s input, which is usually bad for them.
Some important reasons why avoiding doesn’t work are:
- Alternative Methods of Service: Process servers can leave documents with another adult, post them somewhere the defendant can see them, or send them through certified mail. Process servers may wait outside of a defendant’s home or office to give papers. This is called “staking out” the address or workplace.
- Court Knowledge of Avoidance Strategies: Judges are aware of ways to avoid service and are not likely to throw out a case because of these attempts.
- Higher Legal and Financial Consequences: Evasion leads to longer court cases and higher costs, which may be billed to the person who is avoiding service.
The Risks of Avoiding Service
Avoiding a process server can make things worse instead of better. Giving up the right to be involved in the court process is a big risk. Avoidance can make people unaware of procedures, which means they may miss the chance to make their case or defend themselves.
This usually leads to default decisions, which means that the plaintiff wins and the defendant has to pay for damages or legal fees. Also, skipping service doesn’t mean you’ll be anonymous.
To find defendants, investigators use sophisticated methods like skip tracing, which includes tools like analyzing social media, tracking GPS, and getting into digital databases. The process servers are also legally permitted to use public records and observe an individual’s routines to determine their whereabouts. It costs money to do these things, and courts often pass these expenses on to the evading party.
Consequences of Default Judgments
One of the biggest risks of avoiding a process server is getting a default judgment. No matter whether the person was aware of the case or not, they are legally required to follow the ruling once it is made. This could mean paying for things like court fees, fines, or even an attorney. It is difficult, expensive, and usually requires a lot of legal help to overturn a default judgment.
Why Cooperation is the Best Option
People should not try to avoid service; instead, they should think about cooperating with process servers. Accepting the documents allows you to be a part of the legal process and gives you a chance to defend yourself or work out a solution with the other person. Ignoring the problem can lead to bigger fines, damage to your image, and fewer legal options.
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