Rule 4(c) of the Mississippi Rules of Civil Procedure provides:
A summons and complaint shall, except as provided in subparagraphs (2) and (4) of this subdivision, be served by any person who is not a party and is not less than 18 years of age. When a summons and complaint are served by process server, an amount not exceeding that statutorily allowed to the sheriff for service of process may be taxed as recoverable costs in the action.
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A Simple Answer to "What Happens if a Process Server Can't Serve You?" The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.
Instruct the roommates/family to tell the Process Server/Sheriff that the person they're after no longer lives there. This may stop them from coming back. They will usually then write it off as a "non-service" on their proof of service.
Process servers also generally are exempt from being sued under the federal Fair Debt Collection Practices Act PDF.
Generally, process servers make up to three attempts (morning, afternoon, & evening).
Generally, process servers make at least three attempts to serve somebody.
It's not illegal to avoid being served with a process, but it is rarely advantageous. In some cases, it can result in court orders and decisions being made without your knowledge, and it always results in longer and more expensive litigations.
As for attempting too late at night, most servers do not attempt after pm, but there is no law stating that they cannot. Process servers are very good at their job and know what it takes to get the job done without undue irritation.
For standard serves, the typical time to serve papers is 5-7 days. Turn-around-time (or TAT) can vary from process server to process server. However, this is something that can be determined in most cases by you, which usually leads to a higher cost.
If a Defendant Does Not Answer the Door A process server cannot compel a defendant to answer the door. In some cases, people who know a lawsuit has been filed against them will attempt to avoid service.He or she will have to come back on another date if the defendant refuses to open the door.
