We’ve all seen process servers in movies, wearing disguises and tricking people into revealing their identities. Serving process in the real world isn’t quite so entertaining. However, servers do occasionally get asked to serve someone who doesn’t want to be located. No matter what the reason, you should never avoid a process server because:
- If you are a US citizen, receiving due process is your constitutional right. Process servers make sure that right is upheld by clearly and quickly notifying you that your presence is required in Court.
- It will increase the length and cost of the trial but will not stop the proceedings.
- You will incur multiple process service fees.
- The process server may attempt to serve you at your workplace, or if you are self-employed, your place of business. This will alert your employer, coworkers, and/or employees of your legal woes.
- A judge may allow service of process by substitution, meaning the papers can be handed over to anyone over 15 years old at your place of residence, potentially exposing your private information to friends, family members, property managers, or others.
- A judge may allow the process server to serve the process by publication, meaning your name and information about the case will be publicly published in the local newspaper, online, or other places where you’re likely to see it. This will essentially notify everyone in your local area that you are avoiding service.
- The judge in the case may issue a default judgment for the plaintiff without you being present.
- You may be found in contempt of court, which will come with a fine, jail time, or both.
There is no upside to avoiding a process server. Your case will still go to trial, the judge will still issue a ruling, and chances are, it won’t be in your favor. You may even be fined or go to jail. Between court costs, fines, extra process service fees, lost wages, and damages you are ordered to pay to the plaintiff, avoiding a process server can quickly become an expensive endeavor. Not to mention the embarrassment and damage to your reputation! The better option is to have your receipt of service documented by a professional process server, consult with an attorney about your case, and show up to all appointed court dates. Your voice cannot be heard if you are not present, and process servers help make sure you are always present in matters that affect you.
