Person You Are Serving Is Evasive – What Can Process Server Do?

in the public record

While knocking on the defendant’s door and serving legal papers is the ideal situation for process servers, it doesn’t always work that way. In fact, the defendant might be so keen to avoid receiving papers that they would go to any lengths to dodge the issue. In this case, the process server might have to look for alternatives. Read on to find out what those are:

Search Public Records

The process server should check the local public records for pending court cases. In some instances, process servers have found pending court cases and have managed to serve the defendants right before their hearing. Moreover, these records also sometimes have updated information that you as a client might not have—for instance, a new address. 

Drop Service

To avoid getting served, the defendants refuse to accept the papers. In some states, the papers have to be served face-up without an envelope. In this case, even if the defendants choose not to pick them up, they’re still considered served. As a result, they’re required to show up to court no matter what. 

Talk to Neighbors

If a process server cannot catch hold of the defendant, they can talk to the neighbors and get an idea. Perhaps the defendant works odd hours. Or maybe, they’re on vacation. However, the process server needs to be discreet when talking to neighbors and not give out any information about why they’re there. That’s because the neighbors might tip off the defendant, and it will become even more difficult to track them. 

Opt for Substitute Service

Some states have a more relaxed policy when it comes to delivering papers. They allow the process server to serve papers to someone other than the defendant if the process server has done their part to serve the documents to the intended party. 

In some states, it’s also permissible for the process server to post the documents to the intended party’s house and follow up with court papers. Not only does this make things easier for you and the process server, but it also ensures that the intended party will have to show up to court. 

Take Notes

Process server taking notes

A process server should also document everything they’re doing to serve papers. That’s because the court allows attorneys to file a pleading court case when there’s an evasive defendant involved. But for this to work, it’s important to have all factual information in one place.

Since serving someone court papers requires a lot of research, it’s essential to work with a law firm that is well-versed with the legal system. We are professional process servers in New York, and as one of the leading law firms, we offer comprehensive legal processing services. You can contact us to learn more. 

 

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