By Nelson Tucker
Isn’t it amazing that some people think that if
they avoid service of process that a lawsuit filed against them will go
away? Litigation will not disappear
unless it is either settled or the time for service elapses. Avoiding service usually makes things worse
and can result in additional costs to the defendant while evasion only delays
the inevitable.
How do I know?
I have a registered process server for the past 35 years. While the vast majority of services are
routine, a few pose some significant challenges in getting them personally
served.
[“You’ll never be able to serve me
personally!” claimed the defendant.
The next evening he was served leaving
his favorite restaurant with his family.]
Some defendants are skilled at avoiding
service. Many are experienced because of
the number of lawsuits filed against them. For example, a celebrity was
contacted through his Twitter account and was advised that he would be served
in public unless he agreed to a confidentially arranged service. “You’ll never
be able to serve me personally!” claimed the defendant. The next evening he was served leaving his
favorite restaurant with his family.
Here are the primary methods for completing a
service of process assignment on a defendant:
1.
Personal
service: In most
states that means handing the documents to a defendant, whether they accept the
papers, or not. There is ample case law
that allows for the documents to be dropped at the feet of the defendant who
refuses to accept service.[1] It is still personal service since the act of
leaving the documents within reasonable proximity to the person being served is
the key element of service[2].
2.
Substituted
service: This
simply means handing the documents to a person of suitable age and discretion
(in the absence of the defendant) at an address, in California for example,
where the defendant either resides, works, receives mail, or where a security
guard denies access to the premises.[3] Service can also be made by serving the agent
of a celebrity if the defendant (celebrity) or agent agrees. Most attorneys are
not aware of a provision that allows for substituted service at an address on
file with the DMV, even if the defendant no longer live there![4]
3.
Service
by Publication.
After a diligent attempt at other methods of service and not knowing of
the existence of a valid address for service, a court order can be obtained
allowing for service by publishing proper notice in a local newspaper for 4
consecutive weeks.
Here is an excerpt of a notice we use
in California:
”Should it become
necessary, due to your documented failure to respond, the Court may award costs
against you for any or all of the following:
·
Stake-out
of your home or business by a licensed private investigator or registered
process server;
·
Service
at your place of employment by leaving the documents with the person in charge
of the business;
·
Service
at your residence by leaving the documents with any member of the household who
is at least 18 years of age;
·
Investigative
costs to determine another place for service;
·
Service
by publication in a local newspaper;
·
Or, any
other alternative legal means of service.”
Upon reading the full “Notice to Defendant”
it becomes clear that is it in the best interest of the defendant to contact
the process server to arrange for service at a convenient time and location.
There is an old adage in process
serving circles, “You can run but you cannot hide.” Avoiding service will only delay the
inevitable and will surely result in additional costs to be payable by the
defendant.
Nelson Tucker
is CEO of Process Service Network
located in the Los Angeles area. He has
been a process server and owner of a legal services firm for the past 35
years. His firm specializes in
international and hard-to-serve cases, including celebrities and heads-of-state. He may be contacted at nelson@processnet1.com .
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