What Does Service Refusal Look Like?
Service refusal can happen in several forms:
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The recipient refuses to open the door
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They verbally deny their identity or say they won’t accept documents
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They physically walk away
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A third party refuses to pass along the papers
Fortunately, legal systems have anticipated this type of behavior—and built in alternatives.
1. Understand That Service Refusal Doesn’t Invalidate Service
In many jurisdictions, a process server can still complete service even if the recipient refuses to accept the documents—as long as the server identifies the person and informs them of the contents.
Simply placing the papers near them (or even on the ground) may be enough for valid service in some cases.
2. Attempt Substitute or Alternative Service
If personal service fails, the court may authorize:
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Substitute service (serving a household member or coworker of suitable age)
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Service by mail
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Posting notice on the property
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Publication in a newspaper for cases where the person cannot be located
A motion must usually be filed and approved by a judge to proceed with these options.
3. Keep a Detailed Record
The more evidence you can provide, the better. Document every attempt, including:
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Dates and times of visits
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Descriptions of interactions or refusals
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Photos or videos if permitted by law
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Statements made by the person
This documentation can support your affidavit of service if the case moves forward.
4. Communicate with Legal Counsel
If you’re the plaintiff or client, speak with your attorney about next steps. They can help you file a motion for alternative service and make sure the process stays legally valid.
Final Thought on How to Handle Service Refusal
Refusing legal documents doesn’t make a lawsuit disappear—but it does make things more complicated. Knowing how to handle service refusal ensures the legal process keeps moving forward, even when recipients try to delay or avoid accountability. That’s why having an experienced process server on your side makes all the difference.