It may not be as certain as death and taxes, but your chances of successfully avoiding a process server to evade legal documents are slim at best. Your attempts at avoiding service won’t be new to professional process servers, who routinely deliver court documents to defendants named in lawsuits. Even if you prove adept at evading service, it won’t stop the lawsuit from proceeding, which will likely end in a default judgment against you.
Personal service of legal papers to defendants in a lawsuit is a due process requirement as part of the legal proceedings. After the complaint is filed, the defendant(s) must be notified that they’re named in the suit and what claims are being made against them. While details vary by jurisdiction, proof of service must be filed with the court after the defendant(s) have been served. In many cases, this happens even if you refuse to accept the papers.
You can attempt all sorts of wild tactics to avoid process servers, but putting up 'no trespassing' signs or barbed wire will stop the law. Courts and federal and state laws offer alternative methods of service of process if personal service isn’t possible. Unless you’re comfortable with a process server showing up at your workplace or having the notice published in your local newspaper, your best option may be to accept the court documents and fight the legal battle in its intended venue - a courtroom.
Process Serving Missed Doesn’t Equal Case Dismissed
Under the U.S. legal system, those facing claims in a civil complaint have the right to defend themselves and force the plaintiffs to prove their allegations. For that to happen, the defendant must know they’ve been named in a lawsuit. Different rules apply by jurisdiction, but the basic process remains similar. After the complaint is filed in court, the plaintiff must serve the relevant court documents on the defendant. Since they usually aren’t permitted to do so personally, someone else is tasked to serve papers. Some courts allow any adult over 18 to do so, while others require law enforcement or a process server to deliver legal documents.
A professional server will likely turn up at the defendant’s last known address. After confirming they’re speaking to the right person, they’ll attempt to hand the court papers to the defendant and tell them they’ve been served. If there are no issues, they’ll file proof of service with the court, swearing that the defendant legally received notice that they’re named in a lawsuit.
Professional servers keep records of every attempt to personally serve you with the court documents. This includes the date, location, and method of refusal. They may also take photos and videos, and record GPS coordinates. They can’t employ force or coercion to get you to take the papers, nor can they enter private property or gated communities without permission.
Because they're required for the legal process, the courts want these papers served. This means that in many cases, refusing to accept the papers doesn’t mean you aren’t considered legally served. In some jurisdictions, the process server can drop them at your feet if you won’t take them. If that isn’t permitted where you are, there are plenty of other ways to be served.
It’s a Hide-and-Seek Game - You Lose Even If You Win
Regardless of your motivations (spite? fear?), trying to evade or block personal service is almost always not your best option. In some states, doing so is a crime in and of itself. While most federal and state laws require servers to make multiple attempts to personally serve a defendant, avoiding service can trigger access to alternative service methods. Many of these don’t require court orders. Under Rule 4 of the Federal Rules of Civil Procedure (FRCP), substituted service at a residence allows the process server to leave the documents with “someone of suitable age and discretion” who lives at the defendant’s dwelling. Some states allow the server to post the documents on the front door, which usually requires proof of receipt by another means.
Service by mail is also possible if personal service is unsuccessful. This usually requires confirmation by certified mail. Some states, such as Texas and Utah, allow alternative service to include posting on the defendant’s social media accounts or sending an email. Attempts at personal service at a workplace or within a gated community may be allowed with permission. In some locations, service by publication is legal, which means the details of the lawsuit against you will be published in the local newspaper.
Avoiding your home is also unlikely to work long term. Process server companies can employ skip tracing to track down your current location. The FRCP includes provisions that allow courts to order someone avoiding service of process to pay fees for the additional time and effort.
Your reward for denying the service of process could be a default judgment against you. Making yourself difficult to serve may slow the lawsuit’s progress, but it won’t make it go away. Neither will accepting service but ignoring ensuing legal proceedings. That route could earn you a contempt charge for disobeying a subpoena or court order in federal court.
Nobody wants to be sued, but trying to hide from facing a lawsuit isn’t going to make things better. Your best option is to accept service of process and speak with legal professionals about your next move.
