As a private individual or business owner, you may find yourself in a situation where a process server approaches you with legal papers. Whether it's a divorce petition, a debt collection lawsuit, or a criminal complaint, you may be tempted to refuse the papers if you don't want to deal with the legal matter.
The short answer is yes — technically, you can refuse to accept a summons. However, doing so will not prevent you from being served with the legal documents. In fact, it may cause you more harm than good in the long run. A process server may still employ other methods to ensure that service of process has taken place.
Other Ways Process Servers Can Deliver Legal Documents
Process servers can be quite resourceful in their efforts to deliver papers. If they cannot find you at your home or place of work, they may try to track you down using skip tracing techniques.
Some of the techniques used in skip tracing include searching public records, social media accounts, and other online sources for information about the person being served. Process servers may also try to contact your family members, friends, or associates in an attempt to obtain your current whereabouts.
In addition to skip tracing, there are other ways you can be served if you are avoiding a process server:
- Substitute service — Papers can be left with a family member or co-worker if they are willing to accept them on your behalf. The person receiving the papers must be of legal age.
- Service by mail — Papers can also be served by mail or even by email in some cases.
It's important to note that these methods may not be valid in all jurisdictions, so it's best to consult with a legal professional if you are unsure about the rules in your area. Avoiding service does not make a legal problem go away — if anything, it may expose you to more legal problems and penalties.
What Happens When You Refuse to Be Served?
The penalties for avoiding service of process can be severe. If you attempt to avoid being served, you risk forfeiting your rights in the case. In addition, you may face fines or other legal consequences. In some cases, intentionally avoiding service of process may be considered contempt of court, which is a criminal offense.
You Risk Forfeiting Your Rights
Defendants who avoid being served risk forfeiting their rights in a legal proceeding. When a person is served with legal documents, they are given notice of the legal proceeding and the opportunity to respond — this is known as due process. If a defendant avoids being served, they may miss important deadlines to respond, which could result in a default judgment being entered against them.
A default judgment occurs when a plaintiff wins a case by default because the defendant failed to appear or respond. This means that the defendant loses the case without having the opportunity to present their side of the story. In some cases, a default judgment can result in the loss of property or assets.
Additionally, defendants who avoid being served may be viewed unfavorably by judges or juries, potentially harming their case in the eyes of the court.
You May Become Liable for Investigation and Skip Tracing Costs
When a defendant avoids being served with legal papers, the plaintiff must use other means to locate them. Skip tracing can be a time-consuming and costly process, involving information collection from utility companies, credit bureaus, public records, social media, and other online resources.
The cost of skip tracing can vary depending on the complexity of the case and the effort required. Some skip tracers charge hourly rates, while others charge a flat fee. In addition to skip tracing costs, the plaintiff may also have to pay for additional service attempts — and these costs may ultimately be passed on to the defendant.
You May Weaken Your Defense
By refusing to accept service, you are essentially depriving yourself of the constitutional right to due process. Being served makes the defendant aware of the nature of the lawsuit, the relief being sought, and the time and place of the hearing. This knowledge is crucial for preparing a defense, gathering evidence, and ensuring your rights are protected.
Simply claiming ignorance of the legal process is not a valid excuse. The court assumes that all parties have knowledge of the legal process, and it is the defendant's responsibility to stay informed of any legal action against them.
Avoiding Service Isn't Worth It
Attempting to refuse papers from a process server is not a wise decision. It may seem like a good idea at the time, but it will likely lead to more problems in the long run.
Refusing to be served does not stop the legal process, and it can result in losing your case by default. Process servers can employ other methods of service if the initial attempt is unsuccessful, and you may end up liable for additional legal fees and skip tracing costs.
While it may be tempting to try to avoid being served, it is better to understand the consequences and work with the process server to address the legal issue at hand. By doing so, you can protect your rights and ensure that the legal process proceeds smoothly.