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If you're trying to avoid being served court papers or notices, start by researching your state's rules of civil procedure to find out the different ways you could be served. For example, your state might require that the papers be served to you and only you.
Learn the consequences of avoiding service of process, such as default judgments, additional fees, and forfeited rights. Find out the methods and alternatives of service, and the cases that hold actual knowledge of a legal proceeding is sufficient.
Learn what happens if you avoid being served with a lawsuit, and whether it is illegal or not. Read answers from licensed attorneys and find out the consequences of evading service and the options for service by publication.
The best advice is to focus your efforts on developing a court strategy rather than attempting to avoid getting served in the first place because it will catch up with you at some point. Let's walk you through the situation, so you fully understand your options.
If you hear of a case against you but don’t believe you were properly served, contact the court clerk right away to determine the status and get copies of any documents filed. Consult with an attorney about the validity of service and your options to challenge the case if service was improper.
The first step to avoiding a process server and being served is to research the rule in your state. Check into the rules of civil procedure, as well as the Federal Rules of Civil Procedure if it is a Federal matter. This will allow you to know exactly what you are dealing with, and the consequences.
Learn how to avoid being served a subpoena and what happens if you ignore one. Find out the legal options, consequences, and risks of defying a subpoena from court or Congress.
Learn what a process server can and can't do when delivering legal documents, such as summons, subpoenas, or eviction notices. Find out how to protect your rights as a recipient of legal papers and what to do if a process server violates them.
You may think that they can avoid being sued if they cannot be served by a process server, but this is not true. Keep reading this article to learn more about serving processes and what happens when someone tries to avoid being served.
The law knows these tricks and has made provisions in the Rules of Civil Procedure for difficult-to-serve defendants. Just because you avoid a process server, it doesn't mean you can't be served and sued.