Q&A for How to Avoid Being Served Court Papers or Notices

Typically they will try to serve you in the evening when most people are home from work, but it could really be any time.

Yes, they do. However, they can just file again to serve the person if the first attempt isn't successful.

As many times as it takes to execute service. Normally they will not stop until it is served.

If a server is unable to effect service on an unlawful detainer, then, after 3 attempts are made, they can get an order to post from the court to post it on the door. After copies are sent out via certified mail, the service is considered complete.

This varies by state; for example, according to Florida state laws, anyone that is a resident of the household and 15 years of age or older can be served as well as accept in place of the homeowner.

They will continue the case without you. If you have positive things to talk about, you should be there to defend yourself, otherwise they will only hear one side of the story.

You can be served anywhere they find you. A lot of private investigators also work as process servers as well. However, in many circumstances you must be served in person (meaning the summons cannot be left on your parked car), so it depends on what you mean by "in a parking lot."

It depends on what the court has ordered. Naturally, most jurisdictions require the relative to be living at the same location to be validly served. However, if the court has ordered that any relative may be served to locate this individual who knows the location of their relative, then it may be acceptable service.

Ask them why you have been asked to go to court. That is an easier way than been worried.

In certain circumstances, papers may be posted to your door - but only after attempts have been made to serve you in person or to serve a substitute.

In most jurisdictions, subpoenas are required to be personally served. When a subpoena has been served, an affidavit of service is required to be produced to the Courts. This affidavit will inform the Court how the subpoena was served. If a party has knowingly falsified an affidavit of service and it is brought to the attention of the Court, then the party who did so may face fraud charges. It is a matter for yourself; however, no, you are not required to attend.

No. However, instead of calling the sheriff (who likely knows nothing about your case, anyway), call the clerk and ask them to send you a copy of the complaint.

If they don't live there and it's the truth, tell the process server. You are under no duty to accept papers for anyone. Put them in the nearest trash can. Alert your family member as to the case and the jurisdiction, and they can look it up and deal with it.

Yes. Most states will serve papers wherever a defendant is found in the state.

Yes. You can be defaulted and it's more work and expense to get out of any judgment. It is best to go to court and object to jurisdiction and any statue of limitations.

Yes, they sure can. They have orders, and will do so if they have to, so if CPS is involved, cooperate. Do not evade them or try to argue with them; it's not worth it.

It depends on where you live. A lot of states nowadays permit process servers to enter a person's yard without fear of trespassing charges. Look up your local laws.

Yes ,they will proceed. With a domestic violence case, the case belongs to the state not the victim. Meaning you have committed a crime against the state, and the victim is the witness for the state.

Yes. Normally, only federal property is exempt, such as the post office or military bases, which have their own protocols.

In most states it is a crime for a process server to falsely swear that he or she effected service, when they didn't. File an official complaint with the law enforcement agency who has jurisdiction in the matter. The summons can be vacated by the court hearing the case.