What Happens If a Process Server Can’t Serve You?

A process server will try hard to serve you personally. However, if they can’t find you, the court may grant substituted service. The lawsuit may proceed without you.

When a debt collector files a lawsuit against you, there’s a legal requirement. You must be served with notice of the legal action. Usually, the notice is called a Summons and Complaint.

Courts use this requirement to protect your rights. You get sufficient time to prepare a defense and respond to allegations.

Avoiding Process Servers Won’t Stop Your Lawsuit

You might avoid a process server for a specific period. However, avoidance doesn’t halt the litigation. It may make the process more costly for you.

The court might decide you should cover expenses for repeated service attempts.

The better option is simple. Accept the legal documents from the process server. Get to work crafting your response to the lawsuit.

Avoiding the process server and never receiving legal documents won’t stop anything. The lawsuit can still move forward without your signature.

Our partner Solo helps you respond to debt lawsuits quickly and effectively.

What Happens When You Can’t Be Served Court Papers

Despite what you’ve seen in movies, hiding from process servers doesn’t work. There are alternatives to personal service that equally amount to proper service.

Personal service is the preferred form of process service. A process server physically hands legal documents directly to you. However, service can be completed even if you refuse the documents.

Sometimes whoever answers your door can receive the service of process. Courts call this “substituted service.” Other forms of service work as well.

Process servers have other options after repeated failed attempts. Below are the most common service options they utilize.

Certified Mail Service

After multiple attempts to complete in-person service, process servers can use U.S. mail. Service of process can be completed via certified mail. The process server must prove the papers were mailed to your address.

Posting on Your Door

If in-person service fails, the plaintiff can file a motion with the court. The court may authorize the process server to post documents on your front door. Some states require documents be mailed to you in addition.

Notice in a Local Newspaper

After repeated failed attempts, another option exists. The court may authorize the plaintiff to complete service through newspaper publication. The newspaper must circulate in your area.

Substitute Service

Some states allow substitute service to complete the process. Typically, substitute service happens after other avenues fail. With substitute service, a process server leaves documents with a relative or roommate.

The recipient must be of sound mind and legal age.

You Successfully Avoid Service But Still Lose

Avoiding a process server doesn’t keep a lawsuit from happening. You can’t prevent the suit from proceeding. If you don’t show up to court, you could lose more.

The plaintiff can request alternative process service from the court. If the court grants the order, you risk a default judgment. The plaintiff must prove they tried every possible means to serve you.

Time Limits for Substitute Service

The only difference between in-person and substituted service is response time. You may have added time to respond to the lawsuit.

For example, in California, you have 30 days to send an Answer. However, with substitute service, you have 40 days. Court holidays, public holidays, and weekends also count.

Professional Standards for Process Servers

If you were not personally served with a Summons and Complaint, you may have a defense. You might raise lack of service in your case. However, understand the standard used to judge process servers.

Generally, a process server must show sufficient due diligence. They must document using every available means to locate you. Expect a process server to make repeated visits.

They’ll try your residence, workplace, and other locations multiple times.

Jack’s Mistake: A Cautionary Example

Jack, a consumer in California, fell behind on credit card payments. When the creditor reached out, he ignored them. He neither responded nor sent a Debt Validation Letter.

Jack didn’t realize it was a horrible mistake with long-lasting ramifications.

Matters got worse when the creditor sold Jack’s debt to a collector. The debt collector threatened to sue. Again, Jack did nothing. The threats were real and he now faces a lawsuit.

His friends advised him to avoid being served. So he never answers the door for anyone but friends. He even has a secret code.

Where Jack Went Wrong

Jack made several mistakes already. Not responding to debt collectors was bad. Not sending a Debt Validation Letter was worse.

Hiding from process servers could be his worst mistake yet. Someone else can be served instead of him. The process server can post documents at his door or mail them.

Jack has already ruined his credit. He now risks a default judgment. That could lead to paycheck garnishment, property liens, and bank account freezes.

Don’t be like Jack. Accept the court papers and fight your case with our partner Solo.

Why You Should Accept Service and Respond

Avoiding personal service is not the answer to a lawsuit. Instead, file a legal Answer with the court. If you don’t respond in time, you risk a default judgment.

Remember that in-person service is not the only valid method. Courts recognize multiple forms of proper service.

You have rights even as a defendant in a lawsuit. Sometimes process servers are guilty of “bad service.” You can bring that up in court to defend yourself.

Fighting back against debt collectors protects your financial future. A default judgment can haunt you for years through wage garnishment and frozen accounts.