Many people might be surprised to learn that it is not illegal to avoid being served. But, while it may not be illegal, it is rarely advantageous to do so. Everyone has a right to due process which means that if you are bringing a lawsuit against someone, they have a legal right to be lawfully notified which means they must be served. It may sound tempting to try to avoid process service but even if you do, that does not mean your problems just go away – far from it.
Every state has different laws and in Arizona, personal service (where a person physically hands you the legal paperwork) must be attempted first. If a process server still can’t find the defendant, they may ask the court to be allowed to serve someone else that defendant lives with or even a neighbor. If this is not an option or not successful, a process server may request to be allowed to place a notice in a public outlet such as a local newspaper.
The thing to understand is, one way or another, the case will move forward, with or without your cooperation. If you avoid process service, all it accomplishes is dragging out a case that takes more time and costs more money, making it more contentious, and potentially putting you at a legal disadvantage. If you are aware that you are going to be served, it is far better to calmly face the situation head-on rather than attempting to avoid process service which may have dire consequences in your life.
What happens if process servers are avoided?
Many documents are delivered during legal proceedings. Process servers are people who file legal documents and retrieve them if necessary. Finding someone to deliver paper will make the work of attorneys less time-consuming.
In that sense, it is not illegal to avoid process service in Arizona. However, it could delay the proceedings indefinitely. First, the court will use personal service to hand the documents directly to the right person.
When they cannot reach the right individuals, servers will take drastic measures to have them delivered with the given time period. This personal service is essential to handle persons who don’t not corporate.
If a person avoids their service, the court will serve notice in the local newspaper. These advertisements will not be removed until the lawsuit is completed. In some cases, services of certified professionals are also accepted to do cross-state deliveries.
What needs to done for paper service?
Avoiding process service will result in the waste of time and money. The court can take legal actions against individuals who avoid a process a bit longer. As such, they only delay the litigation proceedings.
How to serve papers with ease?
People can work with a professional team to ensure that their papers are served in the right time. Their experience and expertise could prove vital for delivering documents in a prompt manner without any complications.
What can process servers do?
Ideally, process servers won’t try to enter a home through windows. They will do their best to serve a process by accessing the door. But if persons refuse to answer the door, professionals choose to wait in a nearby place or attempt servicing at a workplace or friend’s home. These methods are conducts are lawful in any given situation.
Most states mandate a preferred method of service. One of the most commonly used methods is service by mail. Some states even allow the delivery of documents via couriers to ensure timely delivery. This method is accomplished with an established system and getting a signed receipt from the receiving party.
Service at home
Since adults are aware of the significance of legal documents, process servers may post or tack paperwork to the door. This method is followed if there is no one is physically present to receive the paperwork. For better understanding, they may even a leave a note or sent texts to their contact number.
What process serves cannot do?
It is a federal crime to tamper with the mail. Therefore, process serves should not tamper with a legal document. It is illegal because some serves open mailboxes and check the name on each envelope. This detail is an indication for their proof of residency.
Likewise, to tampering, process servers cannot engage in acts of impersonation. They can deceive persons by impersonating as another individual. Some common disguises include delivery persons and sales technicians.