How To Serve Someone Who Is Avoiding Service Process
Process servers have many tasks daily, but their most important is to serve papers as it allows them to inform an individual of an impending judicial procedure.
Without process servers, people could be sued and given judgments against them without being aware of the proceedings, which would violate their right to due process. However, the average person might not know what a process server does, so they can elect to refuse service in the hope that they can avoid the matter entirely.
Given that this particular problem is one that Apache Junction process serving company frequently run within the business, we’ve put up some advice in this article. Whether you are a novice in the area or have years of experience, see what servers do with people who are avoiding the service process.
Why Do Some People Refuse To Be Served?
Process servers are responsible for serving various defendants, and sadly, some of those defendants simply refuse to acknowledge that they have been designated as a party in a judicial procedure. It can be for anything, including refusing to get divorced despite receiving divorce papers.
There are many reasons why someone would need to appear in court, and most of the time it is not good news.
Some people who are served may believe that process servers have an opinion about the guilt or innocence of the person they are serving, which may lead to them attempting to avoid accepting the documents. This is completely false because process servers only act as messengers for legal paperwork.
Because it protects the right to due process, the role of a messenger is crucial in our judicial system. Regardless of the reasons someone would want to elude or escape a Gilbert process server, the process server must do everything it can to complete the task following state law.
Planning Is Essential
Knowing the state legislation and the client’s instructions is crucial for any process server, but it is even more in situations where someone is avoiding service. Process servers must be inventive in their approach to circumstances when the party to be served is purposefully avoiding service attempts, but they are not permitted to break any civil procedure norms.
The server must ensure the client is describing the person to be served in as much detail as possible. This may include, but is not limited to, a description of their physical characteristics (current height and weight, gender, and other distinguishing characteristics), where to find them (workplace, home address, details about their daily routine, etc), their vehicle, and other habits.
Any additional information, such as the person’s attitude, can better prepare the process server to carry out the service securely and efficiently.
The process server should get a photograph of the person before attempting service. Even though a description is helpful, a recent photo can make it more difficult for them to pretend they are not the person being served. The Paradise Valley process server can find recent photos on social media.
If a process server offers to skip tracing services, the client may hire them to perform those tasks. It may be helpful to invest in training or mentorship from a process server that works in skip tracing for this supplementary service.
All process servers should know the fundamentals of skip tracing to find people avoiding service, regardless of whether they offer this service as a paid service. Things like being familiar with social media or knowing how to access public records can work quite well.
Completing The Serve
These are the recommendations most process servers follow to ensure a successful service, even if the person wants to avoid being served.
They Are Confident
The process server will probably approach the person confidently to make it more difficult for them to deny their identity. Moreover, it will increase the likelihood of a successful service.
They Are Kind
Most people being served are getting bad news. The ability to provide service is made possible by building a relationship with the person being served and showing them kindness. Having a discussion can also give the server ample chances to catch the individual lying.
Process Servers Know How To Deal With Documents
Gilbert process server should always document everything related to the server. They have a lot of experience with documentation, making it more difficult for the person being served to lie. Moreover, it allows the process servers to know when they’re dealing with an avoidant.
Finding A Reliable Mesa Process Server Always Help
In the end, serving papers to a defendant are only one aspect of being a process server. To complete the task, a server must be a quick thinker. Many process servers create their methods for locating subjects, and they probably have a variety of tactics to serve someone who is dodging service.