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It is not illegal to avoid service of process. In most cases, however, service is inevitable. As Mr. Alexander notes, if you avoid service long enough, the plaintiff may still serve you by publication in most cases.
What Can a Judge Do if I Avoid Being Served? If they are avoiding a process server, a judge may allow the papers to be left at their home or business with any competent person over the age of 18. A judge may also allow the summons to be mailed to their home or business address via certified mail.
Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.
Send a USPS mail to the person's last address. Search social media (networking) sites. Use online service that search for people. Contact the relatives or friends. Call4112033 ask for city where you think the person may live. Go to tax assessor's office or recorder's office and search property records.
You cannot serve your own papers. But, in some cases your friend or co-worker could serve your papers, as long as they are not part of the case and 18 years or older.Improper service can cause case delays. You can even risk your case being dismissed.
Serving the Wrong PersonIf legal documentation is served to the wrong person, it's grounds for the opposing counsel to contest the service entirely and force the legal team to restart the case. In some instances, you may even forfeit prior judgements that ruled in your favor.
Process servers cannot leave papers in a person's mailbox. By federal law, only authorized U.S. Postal Service employees are allowed to open the mailbox or touch the mail of another person.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.
Can Someone Refuse to Be Served Papers? No, in California a person cannot refuse to accept service. If we can identify a person on whom legal service can be made either personally or by sub-service and they refuse to accept the documents, we can absolutely still serve them.