The Fourteenth Amendment of the United States Constitution establishes the requirement of "due process" when someone's "life, liberty, or property" is at stake. State Constitutions have adopted this right and enacted laws governing the "service of process," which outlines the methods for delivering legal documents to defendants. When individuals face legal action, some may go to great lengths to avoid being served with these documents, believing that it will help them evade the consequences of the case. However, this is a misconception. It is crucial to understand that evading service does not make the case against you disappear; instead, it can have negative repercussions. Let’s dive into part one on this subject.
Being served with process means that the legal requirements for providing notice of a legal action to a defendant have been met, ensuring due process. While specific requirements may vary between states and types of actions, personal service is often the first attempt made. Personal service involves physically handing the documents directly to the defendant. The person serving the papers must meet certain criteria, such as suitable age, depending on the state's regulations. If personal service is not possible, alternative methods of service may be employed. However, some states may require personal service for certain types of actions, like divorce. There are exceptions to these general rules, such as the Federal Rules of Civil Procedure, which allow defendants to waive in-hand service. In any case, there are procedures in place to proceed against defendants, regardless of their attempts to avoid being served.
It's not surprising that individuals who know they are in legal trouble, facing a divorce, or on the verge of foreclosure, go to great lengths to avoid process servers. They may refuse to answer the door, deny their identity when confronted, hide in closets until the server leaves, or seek refuge with family members. While these tactics may successfully prevent personal service, they offer no protection against legal actions moving forward. Avoiding being served is not illegal but rarely beneficial. In some cases, it can result in court orders and decisions being made without your knowledge, leading to lengthier and costlier legal proceedings. Additional fees and expenses incurred due to avoiding service, such as multiple service charges for repeated attempts, can be charged to the person evading service.
Those attempting to evade service often mistakenly believe that personal service is required to initiate legal action against them. In reality, in almost all cases, there are alternative methods available to proceed with legal actions even if personal service does not occur. Most states require multiple attempts at personal service before substituted service can be utilized. These failed attempts must be properly documented, including dates, times, and locations, before the documents can be left with an appropriate person of suitable age at the defendant's residence or workplace, with a copy also mailed to the substituted service address. Some states allow legal documents to be posted at the defendant's residence, place of business, or even on a car windshield, followed by mailing. This method is commonly referred to as "nail and mail." In matrimonial actions, some states may initially require "personal service only," but if it becomes evident that the defendant is aware of the action, the court may pressure the parties to accept proper service, under the penalty of being charged for additional service attempts.
Another important reason why avoiding service of process is futile is that courts consider "actual knowledge of a legal proceeding" to satisfy due process requirements. So, you cannot simply refuse to take the documents in your hand and say that you were never served because of this. The courts will see that you were aware of the contents of the documents and consider that as an acknowledgement of the case against you or that you are involved in.
In part one of this two part series we saw what it means to be served, what it looks like when someone tries to avoid being served, and which alternative service methods are accepted by the courts. In the next part we will go over why attempting to avoid being served can cost you in the long run.
By Roland Investigations 5-19-2023
Recent:
Categories
Archive
Nov 2024
Oct 2024
Sep 2024
Aug 2024
Jul 2024
May 2024
Apr 2024
Mar 2024
Feb 2024
Jan 2024
Dec 2023
Nov 2023
Oct 2023
Sep 2023
Aug 2023
Jul 2023
Jun 2023
May 2023
Apr 2023
Mar 2023
Feb 2023
Jan 2023
Dec 2022
Nov 2022
Oct 2022
Sep 2022
Aug 2022
Jul 2022
Jun 2022
May 2022
Mar 2022
Feb 2022
Jan 2022
Dec 2021
Nov 2021
Oct 2021
Sep 2021
Aug 2021
Jul 2021
Jun 2021
May 2021
Apr 2021
Mar 2021
Feb 2021
Jan 2021
Dec 2020
Nov 2020
Oct 2020
Sep 2020
Aug 2020
Jul 2020
Jun 2020
May 2020
Mar 2020
Feb 2020
Jan 2020
Dec 2019
Nov 2019
Oct 2019
Aug 2019
Jun 2019
May 2019
Apr 2019
Mar 2019
Feb 2019
Jan 2019
Dec 2018
Oct 2018
Aug 2018
Jul 2018
Jun 2018
Apr 2018
Mar 2018
Feb 2018
Dec 2017
Oct 2017
Aug 2017
Jun 2017
May 2017
Apr 2017
Mar 2017
Jan 2017
Nov 2016
To send us an email 24/7,
fill out our form.
Mail all documents to:
1660 S Albion Street, Suite 826
Denver, CO 80222
Service@RolandInvestigations.com