How to Serve Someone Who Is Avoiding Service
It’s not really out of the ordinary for some people to go to great lengths to avoid a process server. However, this childish behavior just delays the court case, since avoiding a process server will not stop the case from moving forward eventually. The delays add up to more fees and costs for everyone involved, plus adds a burden to the court system and schedule. Ultimately, the process will still be served and the case will move forward, whether the process recipient is ever served in person or not. In this post, we’ll go over the various ways process servers can serve someone who is actively avoiding service.
Comprehensive Research
Prior to embarking on the task of serving process, exhaustive research is pivotal. Utilizing a variety of resources, including internet searches, court records, and social media platforms, process servers gather crucial information about the intended recipient. Essential details such as names, addresses, phone numbers, aliases, vehicle descriptions, physical characteristics, and social habits form the foundation of this preliminary investigation. This phase is critical for strategizing the initial approach, with the objective of locating the individual at places they are likely to appear.
Meticulous Documentation
The importance of documenting every piece of information, no matter its perceived significance, cannot be overstated. Utilizing notebooks or digital apps for note-taking ensures that every detail, including those that may initially seem trivial, is captured. Often, it is these minor details that lead to locating the intended recipient.
Familiarity & Identification
Process servers utilize human instincts, such as the reflexive response to one’s name being called in public, to their advantage. This technique, coupled with verification through photographs or additional identifiers, enhances the probability of successful identification in public spaces.
Engaging with Acquaintances
While direct contact with the intended recipient might initially prove futile, reaching out to friends and family can yield results. This indirect approach can motivate the intended recipient to surface, especially if they have been concealing their evasion from close contacts.
Blending In
Success in this field often hinges on the server’s ability to assimilate into various environments seamlessly. Dressing and acting in a manner that aligns with the local setting reduces suspicion and helps them get closer to the intended recipient without alerting them.
Strategic Stakeouts
When other methods do not suffice, conducting a stakeout remains a viable option. Observing changes in the environment or routines associated with the intended recipient’s known locations can indicate their presence. A discreet presence and patience are essential during such operations.
Skip Tracing & Diligent Search
When none of the steps below yield enough information to locate the intended process recipient, process servers have a few more tricks up their sleeves. Using skip tracing and diligent search techniques, process servers can review information found in various databases and other locations to pull in as much information as possible about the process recipient. Using this newly gained information, the server can go over their strategy and make new attempts for service.
Alternative Service Methods
Should all direct approaches fail, requesting permission for alternative service methods becomes necessary. These include service by substitution, where the documents are delivered to a competent adult likely to pass them to the intended recipient, and service by publication, where a public notice serves as the method of service after a specified duration.
Skip the Games With Accurate Serve
In Sarasota and Bradenton, Accurate Serve® stands ready to assist individuals, legal professionals, and firms in navigating the complexities of serving evasive individuals. With a blend of experience, strategic planning, and persistence, we ensure that legal proceedings can move forward without undue delay. For assistance in locating and serving difficult litigants, contact us at 941-586-7897 or send us a work request online.