What if the person being served refuses to accept the papers?

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.

What happens if a process server can’t serve?

What Happens if the Documents Cannot Be Served? If a process server is unsuccessful in serving the person, the attorney may file a motion with the court asking to serve the person in another manner. The court may grant a motion to serve by public notice.

How do you prove you were not served properly?

If you have been served, make a note of the date, time and circumstances of the service. Sometimes the process server simply leaves the documents at the front door or in the mail box. If so, you were not properly served and the 30-day deadline to respond has not started.

Can you ignore process server?

It is not uncommon for people to avoid service of process in California. Fortunately, even if a person avoids a process server, the court will not give up. A process server may utilize non-traditional serving techniques to make sure a person receives notice of the pending cause of action asserted against him or her.

What to do if someone refuses to be served with papers?

In many cases, the process is a straightforward one and the documents will be handed to the person who needs them. If someone refuses to be served, these various steps can be authorised by the courts to finish the process. When they are served with the papers, a proof of service is required.

What happens after you are served with a court document?

What happens after serving? In many cases, the process is a straightforward one and the documents will be handed to the person who needs them. If someone refuses to be served, these various steps can be authorised by the courts to finish the process. When they are served with the papers, a proof of service is required.

What happens if the defendant does not pick up papers?

Process servers call it “drop service” because they literally drop the papers in front of the person or at their door. Service is proper even if the defendant doesn’t pick up the papers. When that happens, the server should just leave the papers there. Stafford reminds me of a funny story.

Can a defendant refuse service by a process server?

When defendants see a process server, they may erroneously believe that they have the right to refuse service by not accepting the papers in their hands. Now you have some tools to deal with this tactic. The facts in the cases above can be amusing.