OH NO! I AM BEING SERVED!
I don’t want to be served!
How can I avoid being served?
Did you receive a notice that a process server is attempting to deliver legal documents to you? You may want to contact your attorney or the help desk at your local court.
If you are avoiding a lawsuit process server letter, you are deliberately trying to evade receiving legal documents from a process server, which can have serious consequences like a default judgment being entered against you, meaning the opposing party wins the case without you having the opportunity to defend yourself; it is generally not advisable to avoid service of process and you should consult a lawyer if you are facing a lawsuit.
Key points about avoiding a process server:
Legal ramifications:
While technically not illegal to avoid a process server, it can lead to significant legal issues, including a default judgment against you.
No escape from the lawsuit:
Avoiding service only delays the legal process, the lawsuit will still proceed and you will eventually be served.
Increased costs:
If a process server has to make multiple attempts to serve you due to your avoidance, the fees, including skip trace, locate fees, surveillance fees, and more which you may be liable for additional legal fees.
What happens if you are served:
Once served, you will have a specific timeframe to respond to the lawsuit by filing an answer with the court. This timeframe is on your summons.
What a process server can do if you are avoiding service:
Alternative service methods:
If personal service is unsuccessful, they may attempt to serve you via certified mail, leaving the documents with someone at your residence, or serve you at your workplace.
File a motion with the court:
If the process server cannot locate you, they can file a motion with the court to allow for alternative service methods, such as taping to your door or serving a supervisor at your place of work; Or request the judge or order by pblication in the news paper. These alternate forms of service constitute valid service and may result in a default judgment even if you have not personally aware of the case moving forward without you.
What you should do if served with a lawsuit:
Consult a lawyer: Immediately contact an attorney to discuss your options and to ensure you properly respond to the lawsuit within the legal timeframe. You can also go to your local courthouse and speak with someone at the help desk.
Review the documents carefully: Understand the allegations against you and the legal claims being made.
File a response: Prepare and submit a timely response to the court, including any defenses you may have.