Don't Bother Avoiding Process Servers

Many people think they can avoid a lawsuit by avoiding a process server. Those people are wrong.

The law knows these tricks and has made provisions in the Rules of Civil Procedure for difficult-to-serve defendants. Just because you avoid a process server, it doesn't mean you can't be served and sued. It just means the plaintiff has to opt for plans B or C.

What Is Personal Service?

Before discussing plans B and C, let's talk about personal service. Personal service is when a process server personally hands legal documents to a defendant. Often this method of service will happen at your door and involves professional process servers. This is the best option for service, and most states require that process servers attempt it a handful of times before a plaintiff turns to alternative plans, officially known as substitute service.

There is also a common misconception associated with personal service. Some people believe that the papers must touch them or that they must sign an acknowledgment of receipt. This is generally wrong. If the process server says, "George Smith, you've been served," and then drops the papers in front of you, then you've most likely legally been served. The process server then files an affidavit of service with the court and swears to the date, time and manner of the service.

Service doesn’t necessarily have to be done by a professional process server. Typically as long as the person doing the service is over 18 and not the plaintiff that will qualify as proper service under the court rules.

Other Methods of Service

If you're so good at avoiding process servers that they can't make personal service upon you, you're unfortunately still not good enough. Eventually, a plaintiff can serve papers by substitute service.

Substitute service (also known as “alternative service”) usually includes:

• Leaving court papers at the defendant's last known address, home or workplace with a competent adult of suitable age (typically over the age of 18)
• Mailing a copy of the summons and complaint via certified mail (or by first class mail or email in some circumstances) to the defendant's home or workplace

You can't really avoid either of these, can you? And if you somehow manage to anyway, there is still plan C. In situations when other means of proper service fail, a judge will grant the plaintiff permission to provide service by publication. This typically involves taking out ads or posting a legal notice in local newspapers, which is kind of embarrassing. Plus, you don't even have to see the ad to be sued.

And while it’s not common, judges have given the go-ahead for service by social media in a small number of court cases when all other methods of service fail. Texas has added service by social media as an option if necessary.

You Can Try to Hide, but You Can’t Evade Service of Process

Although any legal action can’t move forward until the service of process is made, avoiding process servers can be a pretty big waste of time and effort. Sure, you may be able to delay responding to a lawsuit and having a court date for a few weeks or months, but in the end, you're still going to be sued and the legal process will move forward.

What Should I Do if I’ve Been Served?

Legal proceedings are often complex. If you’ve been served with legal papers, you should strongly consider contacting an experienced attorney who can give you personalized legal advice that protects your legal rights and best interests.

Related Resources:

• Starting a Lawsuit: Initial Court Papers (FindLaw’s Learn About the Law)
• Is It Ever a Good Idea to Allow a Default Judgment? (FindLaw’s Practice of Law)
• Can You Serve Someone via Facebook? Not For Now, Maybe Later (FindLaw’s Federal Courts)