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A Simple Answer to "What Happens if a Process Server Can't Serve You?" The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.
Proof of Service If you have asked the court clerk to serve your papers by certified mail, you need do nothing else. The court clerk sends out the certified mail for you, and the signed post office receipt comes back directly to the clerk if service is accomplished.
If you haven't already, go down to the court house and get a copy of the proof of service from the records department. Identify the details of the service (where the services allegedly took place, the description of the person served etc.)
What if the person being served refuses to accept the papers? In most cases, a defendant or target does not have to formally accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers, the process server may just have to leave them at their feet and walk away.
Evading service of process means tending or seeking to evade; elusive; avoid accepting service.When an individual evades service, depending on the jurisdiction an evasion affidavit may be filed with the court. Evasion Affidavit. When a defendant has acted to evade service, an Evasion Affidavit is filed with the court.
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you. It's tricky if you were improperly served.
Send a USPS mail to the person's last address. Search social media (networking) sites. Use online service that search for people. Contact the relatives or friends. Call4112033 ask for city where you think the person may live. Go to tax assessor's office or recorder's office and search property records.
You cannot serve your own papers. But, in some cases your friend or co-worker could serve your papers, as long as they are not part of the case and 18 years or older.Improper service can cause case delays. You can even risk your case being dismissed.
The name of the person served. The date, time, and place the person was served. The manner in which the person was served. A description of the document or documents served. The name and signature of the process server.