Server's Corner

Is Intentionally Trying to Avoid Being Served Legal

Is Intentionally Trying to Avoid Being Served Legal?

Many defense cases, criminal or otherwise, have people asking a crucial question. Is intentionally trying to avoid being served legal?

It's not technically illegal to avoid being served by a person tasked with the assignment of delivering papers, such as a process server. However, doing so will still result in potentially serious consequences. Even if you do it, your paperwork will still find you despite any physically evasive maneuvers you make.

Temporarily avoiding your court subpoena or criminal complaint isn't necessarily illegal. However, you might wind up:

  • Drawing others into your own legal matters
  • Making the legal process go longer
  • Making your legal process cost more money
  • Wind up having court decisions and orders getting issued without you being there

Process servers can still get around your physical avoidance in several ways:

1. Certified Mail: They are legally allowed to send you the relevant court paperwork through Certified Mail. That will demonstrate the documents were successfully delivered, even if you didn't sign or respond.

2. Delivering to Someone in Your Home : An adult, roommate, or partner can be served your documents through what is called 'substitute service'.

3. Visit You at Work : Visiting you at your place of employment is legal. You would risk repercussions with professional colleagues.

4. Public Notification: Someone who keeps avoiding a process server might see their notice published in the local newspaper.

5. Your Door : A judge might permit a process server to just let them post papers on the home's front door.

If you are someone trying to avoid a process server bringing you papers, then you should know that avoiding them is legal. However, you're only going to get away with it for a while before there are possibly serious consequences to your actions. You can avoid the papers for some time, but the responsibilities that caused those documents will catch up with you. They can also impact you professionally, personally, and in public.

If you are someone who needs to have important legal papers served, do not hesitate to contact Roland Investigations. Our experienced process servers know how to successfully serve even the most evasive of individuals.

By Roland Investigations 9-17-2021

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