How to Avoid Being Served Court Papers or Notices
Research your State rules of civil procedure., Keep in mind that you can be served at your place of employment., Be aware that if service by posting on door is allowed, you cannot avoid being served., Be aware that it can be illegal to lie to a law...
Step-by-Step Guide
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Step 1: Research your State rules of civil procedure.
Alternatively, research the Federal Rules of Civil Proce dure if a Federal matter.
Do your homework so that you know what you're up against.
Whatever document you're supposed to receive, you might get lucky and the court may only require personal service (meaning you, and only you, can be served).
Or, the server might be only required to post it to your door.
Most papers require only what those in the industry call sub-service.
This means that whoever answers the door is presumed in charge of your residence and can be served on your behalf.
Even if they're uncooperative, the server can serve then as a John/Jane Doe and put a description in his/her affidavit or Return of Service. -
Step 2: Keep in mind that you can be served at your place of employment.
When sub-service is allowed, they can either serve the front desk person or someone in charge of the location. , In a very few cases, this is valid service.
Check the rules in your State. , Do so at your own risk. ,, Also instruct family, roommates, and kids not to answer the door to strangers. , This may stop them from coming back.
They will usually then write it off as a "non-service" on their proof of service.
Whatever you decide to tell them, make sure your stories are consistent.
If you have visitors, instruct them to call you while they're en route and call when they're at your door.
If they're old school and don't have a cell phone or cell coverage is spotty or non-existent, tell them to knock a certain number of times. , If you see a suspicious person/vehicle, do not even open your door. , When at work, instruct bosses, coworkers, and front desk personnel to tell anyone asking for you that you are unavailable and leave it at that.
Also instruct them not to answer any questions but have them just tell the server that they don't know what your schedule is.
Of course, this may affect your reputation at work, depending on your role, position and relationship to others at work.
That's something you need to consider. , Follow all steps in the prior Part, with the following additions:
When at work, have everyone just tell the server that you no longer work there.
This may not fly or you may not get the cooperation if you are being sued for something you did while working or at work.
However, if it's a personal lawsuit, then this tactic may work, depending on where you work and what your role is.
Make sure that all members of your household watch their surroundings.
Again, if someone suspicious is visible, do not approach.
If possible, exit through another door.
Instruct minors not to talk to any kind of stranger. -
Step 3: Be aware that if service by posting on door is allowed
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Step 4: you cannot avoid being served.
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Step 5: Be aware that it can be illegal to lie to a law enforcement officer or to obstruct justice.
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Step 6: Follow these steps if only personal service is allowed.
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Step 7: Don't answer your door to anybody.
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Step 8: Instruct the roommates/family to tell the Process Server/Sheriff that the person they're after no longer lives there.
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Step 9: Be aware of your surroundings.
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Step 10: Tell your workplace.
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Step 11: Follow these steps if sub-service is allowed.
Detailed Guide
Alternatively, research the Federal Rules of Civil Proce dure if a Federal matter.
Do your homework so that you know what you're up against.
Whatever document you're supposed to receive, you might get lucky and the court may only require personal service (meaning you, and only you, can be served).
Or, the server might be only required to post it to your door.
Most papers require only what those in the industry call sub-service.
This means that whoever answers the door is presumed in charge of your residence and can be served on your behalf.
Even if they're uncooperative, the server can serve then as a John/Jane Doe and put a description in his/her affidavit or Return of Service.
When sub-service is allowed, they can either serve the front desk person or someone in charge of the location. , In a very few cases, this is valid service.
Check the rules in your State. , Do so at your own risk. ,, Also instruct family, roommates, and kids not to answer the door to strangers. , This may stop them from coming back.
They will usually then write it off as a "non-service" on their proof of service.
Whatever you decide to tell them, make sure your stories are consistent.
If you have visitors, instruct them to call you while they're en route and call when they're at your door.
If they're old school and don't have a cell phone or cell coverage is spotty or non-existent, tell them to knock a certain number of times. , If you see a suspicious person/vehicle, do not even open your door. , When at work, instruct bosses, coworkers, and front desk personnel to tell anyone asking for you that you are unavailable and leave it at that.
Also instruct them not to answer any questions but have them just tell the server that they don't know what your schedule is.
Of course, this may affect your reputation at work, depending on your role, position and relationship to others at work.
That's something you need to consider. , Follow all steps in the prior Part, with the following additions:
When at work, have everyone just tell the server that you no longer work there.
This may not fly or you may not get the cooperation if you are being sued for something you did while working or at work.
However, if it's a personal lawsuit, then this tactic may work, depending on where you work and what your role is.
Make sure that all members of your household watch their surroundings.
Again, if someone suspicious is visible, do not approach.
If possible, exit through another door.
Instruct minors not to talk to any kind of stranger.
About the Author
William Torres
Enthusiastic about teaching hobbies techniques through clear, step-by-step guides.
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