What If Someone Refuses to Be Served Papers?
Serving legal documents is a cornerstone of the American justice system. This formal procedure, known as service of process, ensures that all parties in a legal action are properly notified and have a fair opportunity to respond. But what happens when someone actively avoids or outright refuses to accept these important documents?
This situation can be frustrating and may seem like a significant roadblock in your legal proceedings. Many people believe that if they don't physically touch the papers, the lawsuit can't move forward. However, the legal system has anticipated this challenge. Process servers have several methods at their disposal to ensure service is completed, even when dealing with an evasive individual.
This article will explain the rules of process serving in Florida, detail what happens when someone refuses to be served, and outline the alternative methods available to ensure your case can proceed. Understanding these procedures is crucial for anyone navigating the legal landscape.
The Role of a Process Server
A process server is a neutral third party responsible for delivering legal documents to individuals involved in a court case. These documents can include summons, complaints, subpoenas, and other court orders. The primary goal is to provide official notice, satisfying the constitutional requirement of due process.
In Florida, a process server must be certified and authorized by the local sheriff or chief judge of the judicial circuit. This certification ensures they understand the specific laws and regulations governing their work, such as who can be served, where service can occur, and what constitutes a valid service. Using a professional process server in Orlando, FL, ensures that this critical step is handled correctly and legally.
Can Someone Refuse to Be Served?
Yes, a person can physically refuse to accept legal documents. They might slam the door, run away, or simply say "I'm not accepting that." While this behavior is uncooperative, it does not stop the legal process.
Florida law does not require the recipient to physically touch or sign for the documents for service to be considered valid. If a process server has positively identified the individual and made them aware of the nature of the documents, the server can leave the papers in their immediate vicinity. This is often referred to as "drop service."
For example, if a process server approaches John Doe at his home, confirms his identity, and says, "I have legal documents for you," but John refuses to take them and closes the door, the server can leave the documents on his doorstep. The server will then record this refusal in their affidavit of service, and the court will generally consider the service to be complete and valid.
Methods of Service When a Person Is Evasive
When individuals go to great lengths to avoid being served, process servers can use several alternative methods to ensure the documents are legally delivered.
Substituted Service
If a process server cannot serve the individual directly after attempting on multiple occasions, Florida law allows for substituted service. This method involves leaving the legal documents with someone else at the defendant's residence.
According to Florida Statutes § 48.031, the papers can be left with any person who is:
- 15 years of age or older.
- A resident of the same home.
- Made aware of the contents of the documents.
For example, if a process server tries to serve an individual at their home three times without success, they can, on a subsequent visit, leave the papers with the person's spouse, roommate, or teenage child, as long as that person also lives there. The server must inform the recipient of the legal nature of the documents being left. This method is a reliable way to complete service when direct delivery isn't possible.
Service on a Business
The rules change slightly when serving someone at their place of business. If the lawsuit is against an individual, the server must still attempt to serve that person directly. However, if personal service can't be achieved at the workplace, the server can leave the documents with the person in charge of the business at that time. This is only permissible during regular business hours and after the server has attempted to serve the individual directly.
Service by Publication
In cases where the individual cannot be located at all despite diligent efforts, the court may authorize service by publication. This is considered a last resort because it is the least likely method to provide actual notice to the defendant.
To use this method, the plaintiff must demonstrate to the court that they have made a thorough and diligent search to find the defendant. This includes checking public records, contacting relatives, and using skip tracing services. If the judge is satisfied with the search efforts, they will grant an order allowing the notice to be published in a newspaper of general circulation in the area where the case is filed. The notice must run for a specified period, typically once a week for four consecutive weeks.
The Consequences of Avoiding Service
Attempting to evade a process server is ultimately a counterproductive strategy. While it may cause a temporary delay, it does not stop the legal case from moving forward. In fact, it can lead to negative consequences for the person avoiding service.
Once service is legally completed—whether through personal delivery, substituted service, or publication—the clock starts ticking for the defendant to respond. If they fail to file a response with the court within the allotted time (usually 20 days in Florida), the plaintiff can request a default judgment.
A default judgment means the court rules in favor of the plaintiff without hearing the defendant's side of the story. The defendant loses their right to present evidence, contest the claims, or defend themselves in court. This can result in financial penalties, wage garnishment, or other court-ordered actions against them. By avoiding service, an individual gives up their most important right in a legal dispute: the right to be heard.
Need a Professional Process Server?
Navigating the rules of legal service can be complex, and ensuring every step is done correctly is vital to the success of your case. Hiring a certified, experienced process server removes the guesswork and guarantees that your documents are served in compliance with all state and local laws.
Attempting to serve papers yourself or using an inexperienced individual can lead to costly delays and potential dismissal of your case. A professional knows how to handle difficult or evasive subjects and has the knowledge to utilize alternative methods like substituted service when necessary.
If you're looking for a professional process server in Orlando, FL, who can handle your case with diligence and expertise, contact Central Florida Process today. Our experienced team is ready to ensure your legal documents are served efficiently and effectively, allowing your case to proceed without delay.