How Long Can You Avoid Being Served Papers? The Hard Truth
Many people wonder if they can just avoid being served papers. Dodging a process server might seem like a clever way to delay or stop a legal case.
However, you truly can’t avoid service forever. While you might hide for a few days, a professional process server has a playbook of legal tactics to ensure they eventually serve you. Therefore, this guide breaks down why avoiding service is a losing strategy.
Key Takeaways
- Avoiding a process server does not make a lawsuit go away. The case continues with or without you.
- Process servers will make multiple attempts and can legally serve you at your workplace.
- In Louisiana, servers can often use “domiciliary service” by leaving papers with a suitable person at your home.
- The biggest risk involves a judge entering a default judgment against you, meaning you automatically lose.
The Flaw in the “Hiding” Strategy
Many people falsely believe that if they don’t touch the papers, a server hasn’t legally served them. The lawsuit actually becomes active the moment a party files it. By hiding, you do not stop the case; instead, you simply give up your right to defend yourself.
What a Professional Process Server Will Do If You Avoid Them
A professional process server doesn’t give up after one or two failed attempts. They work to complete the service, and they will use a variety of legal methods to do so.
- They Will Be Persistent: A server will return to your home at unpredictable times—early in the morning, late in the evening, and on weekends—to increase the chances of finding you.
- They Will Go to Your Workplace: If home service is unsuccessful, the server will logically try your place of employment next.
- They Will Use Domiciliary (Substituted) Service: You must understand this point. Under Louisiana law, if a server cannot serve you personally, they can often achieve legal service by leaving the documents with a roommate or spouse at your residence. In other words, a server can legally serve you without you ever seeing them.
- They Will Use Skip Tracing: If it seems you have moved, a professional firm like Lafayette Process Servers LLC will use skip tracing. We use advanced databases to find your new address and to complete the serve.
The Ultimate Consequence: The Default Judgment ⚖️
What happens when you successfully avoid service for a long time? The plaintiff’s attorney can go to the judge and explain all the attempts the server made. As a result, the judge may allow an alternative form of service or grant a default judgment against you.
A default judgment means the court has ruled for the plaintiff because you failed to appear. Simply put, you automatically lose. You could then face wage garnishments, bank levies, and other serious financial results, all because you chose to hide.
Frequently Asked Questions (FAQ)
Q: What if I refuse to take the papers from the server?
A: In most cases, if a process server identifies you and offers you the papers, the server has legally completed the serve, even if you refuse to take them.
Q: How long does a process server have to serve papers in Louisiana?
A: Generally, the plaintiff must request service within 90 days of filing the lawsuit, but a judge can extend this period. A process server will continue their attempts for as long as their client directs them to.
Q: Is it illegal to avoid a process server?
A: While avoiding a server is not a crime, this action can create serious negative consequences for your civil case, such as the risk of a default judgment.
In conclusion, you can’t avoid being served forever. Your best strategy involves accepting the documents, contacting an attorney, and addressing the legal matter head-on.
About the Author
Scott Frank is the founder of Lafayette Process Servers LLC with over 20 years of experience in Louisiana legal support. He is an expert in service of process, skip tracing, and handling difficult and evasive defendants.