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What happens if court papers cannot be served?

What happens if court papers cannot be served?

When a plaintiff brings a lawsuit against a defendant, the law requires the defendant to be served a notice of the court action. This is done so that the defendant has enough time to prepare a defense, and is an important part of due process. What Happens if Court Papers Cannot be Served?

Can you sue in Massachusetts and serve papers on someone in Oklahoma?

However, you can’t sue someone in a Massachusetts court and serve papers on them in Oklahoma. An exception involves suits having to do with motor vehicle accidents or lawsuits against out-of-state owners of real estate located in-state. Many states allow out-of-state service on this type of claim.

What does it mean to serve papers in a court case?

The party on the opposing side of the case, called the “respondent,” must be told about the case before it can move forward. The action of telling the respondent about the case is commonly known as “serving papers.” Helpful? Know who can serve papers.

Do you have to serve each person in a lawsuit?

If you are suing one individual, you only need to serve that individual. If you are suing multiple individuals, you must serve each person you are suing. If you are suing a business partnership, serve one of the partners. Serve both partners only if you are suing the business and the partners separately.

When a plaintiff brings a lawsuit against a defendant, the law requires the defendant to be served a notice of the court action. This is done so that the defendant has enough time to prepare a defense, and is an important part of due process. What Happens if Court Papers Cannot be Served?

Is there such a thing as being served papers?

This is a SCAM. If you are being sued they don’t give you a courtesy call to let you settle it first. They also don’t need your signature OR a witness for a “certified notice of INTENT for a pending legal claim” either they filed or intend to. Real process servers DO NOT warn you they just show up and serve you.

How does serving court papers on an individual work?

Often the slang for this type of service is “nail and mail,” because in several states, if you are unable to serve the defendant personally, you do not have to leave the claim with a live person. Instead, you can simply tack one copy to the defendant’s door and mail the second copy. In a typical state, substituted service works like this: 1.

However, you can’t sue someone in a Massachusetts court and serve papers on them in Oklahoma. An exception involves suits having to do with motor vehicle accidents or lawsuits against out-of-state owners of real estate located in-state. Many states allow out-of-state service on this type of claim.

What happens if legal papers are not delivered correctly?

If the legal papers were not delivered correctly, then the court does not have control over the people you have sued. That’s a big problem. It means they are not a party to your lawsuit. That means they don’t have to appear in court. That means they don’t have to appear for pretrial questioning.

What do you do when the defendant refuses to pick up court papers?

C. Tossing court papers on the ground a few feet in front of the defendant. In In re Ball (2nd Dist. 1934) 2 Cal.App.2d 578, service was proper when the process server tossed the papers on the ground in front of the defendant who refused to pick them up.

What happens if you receive a civil complaint against you?

You pick up and hear a recording that states a fax was received with a civil complaint against you (or your daughter, son, brother, etc). The message adds that they will send the documents to appear in court.

When to use ” papers ” or ” pleadings ” in civil procedure?

If you need a catch-all word that covers pleadings and everything else too, then the federal rules of civil procedure use “papers.” If your answer isn’t admitting or denying an allegation, or saying that you don’t know, then you’re in dangerous territory.

Are there any public copies of court papers?

Although court records are public, some smaller courthouses still only have paper copies available for inspection. Even larger courthouses may have uploaded to the Internet only documents related to newer cases. If you want to find court papers for a case, then you will have to get the paper copy.

Do you have to serve court papers on all defendants?

Your small claims court clerk will show you how this is handled in your state. All defendants on the plaintiff’s claim or all plaintiffs on the defendant’s claim must be served. It is not enough to serve one defendant or plaintiff and assume that that person will tell the others.

Can a civil complaint contain both factual allegations and legal conclusions?

But many attorneys prefer an evasive approach. Perhaps the most common evasion is a response that the allegation contains a legal conclusion, and therefore doesn’t require a response. Wrong. The Supreme Court has said that a civil complaint may legitimately “contain [] . . . both factual allegations and legal conclusions,” (Neitzke v.

I was asked to serve divorce papers on a New York attorney who had been avoiding service and was coming to Maryland to visit his parents to celebrate the Passover. He was supposed to be arriving between 2 and 5 pm Friday. Our client informed me…

What to do when you are served with legal papers?

Typically, those served, file papers explaining why the order requires changes or a dismissal. Until decided, you must obey the order. When a service processor hands you legal paperwork, the Court has successfully notified you of your legal obligation to respond.

What happens when you get served with a lawsuit?

Hearing the words “you’ve been served” is a dreaded thing. It can feel overwhelming to be served with a lawsuit, especially if you’re being sued for unpaid debts. A lot of people face debt problems at some point in their lives.

How to respond to a complaint if you have been sued?

Responding To A Complaint If You’ve Been Sued. 1 Step 1: Calculate your deadline to respond. 2 Step 2: Evaluate your options. 3 Step 3: Prepare a response. 4 Step 4: File your response with the court. 5 Step 5: Give plaintiff a copy of your response.

What happens if I have not been served with a lawsuit?

If you have not been served, the court cannot go forward with the hearing. If you have been sued but have not been served yet, you can go to the clerk of court and get a copy of the petition or lawsuit file against you.

Where do they say ” you have been sued “?

Do they say “You have been sued?” Call whoever signed the certification that you were served and ask for the suit papers, or go to the clerk of the court where the papers say you were sued and get a copy. Somewhere there’s a Petition that sets out the basis for the lawsuit.

Where do I go to get my court papers served?

This is where the process server leaves the court documents with a relative or a roommate at the defendant’s address. Still, other jurisdictions will allow for a notice to go out in publication, usually in a newspaper. If you’re the plaintiff in a lawsuit, it’s important to make sure your court documents are served correctly.

This is where the process server leaves the court documents with a relative or a roommate at the defendant’s address. Still, other jurisdictions will allow for a notice to go out in publication, usually in a newspaper. If you’re the plaintiff in a lawsuit, it’s important to make sure your court documents are served correctly.

What happens when a civil claim is filed?

When a civil claim is filed, the court will set a date for a hearing before a judge who will decide the case. Failure of either party to appear at the hearing can have dire consequences. If you are sued because someone falls on your property, it is a civil claim.

Can a case get thrown out without proper process serving?

Without proper process serving, your entire case could end up getting thrown out, costing you tons in legal fees and lost time. At Same Day Process Service, we have an experienced staff ready to track down defendants and get them your documents quickly, and we specialize in the “impossible” cases. Contact us today to request a quote!

What happens if the defendant is a no show?

After arriving and checking in with the court clerk, most of the participants will likely be asked to try to work out their differences in the hallway and the court will call the default cases. The judge will expect you to “prove up” your case, or present a showing of proof demonstrating that there’s a basis for your claim.

How does a Small Claims Judge hear a case?

If all parties are present and agree, the small claims judge might hear the original case without rescheduling it. If, however, the plaintiff isn’t present for the hearing, or if the parties don’t agree to hear the case then and there, the judge will reschedule the trial, and the clerk will mail a notice of the new trial date to the parties.

How to file a motion in response to a complaint?

If you have decided to file a motion in response to the complaint you received (a motion to dismiss or a motion for a more definite statement, for example), use this form: DISTRICT COURT MOTION (GENERIC)

What are the documents that we have received?

Your documents which we received are as follow: Copy of CNIC, Authority Letter, Property Papers. We are glad at your prompt action and we hope to entertain your request as soon as possible. Currently, the verification process is continued.

What happens if I fail to show for court?

Failing to Show in Civil Court Not appearing on the court date means that you can lose the case by default. The court can enter a judgment against you in your absence if the other party can show that you were properly served.

Can a judgement be issued against me without being served?

* This will flag comments for moderators to take action. It depends but generally, no, a judgement should not be entered unless you have been served. After filing, a petitioner must also file a proof of service showing that you were properly served with the court. If you were not properly served, the judgement entered against you can be overturned.

What happens if a court date is set and you never receive a judgment?

The court can enter a judgment against you in your absence if the other party can show that you were properly served. If you were improperly served, however, such as because the process server served someone else at a location that’s not your home or workplace, the case would be “continued” or rescheduled to another court date.

How can I prove to the court that I was never served with?

If you haven’t already, go down to the court house and get a copy of the proof of service from the records department.

Failing to Show in Civil Court Not appearing on the court date means that you can lose the case by default. The court can enter a judgment against you in your absence if the other party can show that you were properly served.

* This will flag comments for moderators to take action. It depends but generally, no, a judgement should not be entered unless you have been served. After filing, a petitioner must also file a proof of service showing that you were properly served with the court. If you were not properly served, the judgement entered against you can be overturned.

The court can enter a judgment against you in your absence if the other party can show that you were properly served. If you were improperly served, however, such as because the process server served someone else at a location that’s not your home or workplace, the case would be “continued” or rescheduled to another court date.

What are the requirements for serving court papers?

The form must include the location and date on which the papers were served. You must also indicate who the papers were served to and provide a physical description of that person. The name and address of the person who served the papers to the respondent must also be provided. Typically,…

Can you serve court papers by certified mail?

Even though service by mail can be convenient, there is some chance that the judge will not accept this method of service unless strict guidelines are followed. In fact, roughly 50 percent of court papers served by certified mail are rejected. The judge must be able to read the signature on the certified mail receipt.

When do I have to serve papers to someone outside the county?

For instance, if you serve papers using substituted service to someone outside of the county, you must do so at least 30 days before the court date. Check with the court when you file your petition to find out what your deadline is. Typically, papers can be served any day of the week except for Sunday.

What does it mean to have service of court papers?

“Service of court papers” means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”

Can a substituted service be used for court papers?

“Substituted service” is not a very reliable type of service because the court does not know for sure that the person that had to be served actually received the paperwork. When the other side agrees to be served by mail and is willing to sign a document for the court saying that they received the papers, you can usually use this method.

Can a process server Serve you with papers?

Process servers are allowed to present papers at your workplace, which may lead to issues with your employer or coworkers. A partner, roommate, or adult child can be served with your documents, which is referred to as “substitute service,” and is seen as equally valid as getting the papers to the person being sought.

Do you have to go to court to get court papers?

You have to go to the court under the following scenarios: If court papers are not served at your residence, then there is no need to show up in the court. Don’t start jumping with joy right now because I’m not finished yet. Read and understand what I’m going to tell you now. Sometimes, you can get served without any knowledge about it.

What happens if you get a citation on paper please?

The first two citations given each day are warnings and carry no sanctions beyond the loss of salary. After two citations, the inspector will be penalized for each visitor processed wrongly. The next two citations will lead to a penalty of five credits.

What happens if you fail to appear in court for a traffic citation?

You can appear in court on that date or do any of the following options listed on your citation prior to the court date listed on your citation. Failure to appear can result in additional fines, fees, suspension of your driving privileges and being sent to collections.

You can appear in court on that date or do any of the following options listed on your citation prior to the court date listed on your citation. Failure to appear can result in additional fines, fees, suspension of your driving privileges and being sent to collections.

What happens if you miss a civil court date?

You might have a judgment entered against you giving the other party everything she asked for if you miss a civil summons and the other party can show that she served the summons on you correctly. You might not face serious consequences as long as you can prove that the missed court date was completely unintentional.

You might have a judgment entered against you giving the other party everything she asked for if you miss a civil summons and the other party can show that she served the summons on you correctly. You might not face serious consequences as long as you can prove that the missed court date was completely unintentional.

Can a debtor be served papers in court?

If the debt is not valid, it’s a simple matter to defend in court by asking for documentation of the debt. There are two other conditions that must be met for a creditor to serve papers on a debtor. Is It Within the Court’s Jurisdiction?

Often the slang for this type of service is “nail and mail,” because in several states, if you are unable to serve the defendant personally, you do not have to leave the claim with a live person. Instead, you can simply tack one copy to the defendant’s door and mail the second copy. In a typical state, substituted service works like this: 1.

Can a process server send you court papers?

A process server is legally permitted to send court paperwork via Certified Mail, which can be used to show that they successfully delivered the documents, even if you do not respond or sign. Process servers are allowed to present papers at your workplace, which may lead to issues with your employer or coworkers.

What happens if you are never served with a lawsuit?

If you don’t sign for it—or the mailman overlooks the “restricted delivery” requirement and lets somebody else sign for it— you haven’t been properly served. If there was abode service, and you don’t show up, a default judgment can be entered against you for whatever the other side sued for.

What did the court say about service failure?

The court said that defendant’s argument that service failed because the process server did not somehow manage to get past the locked door and into the office is unpersuasive.

What to do when a service processor hands you legal papers?

When a service processor hands you legal paperwork, the Court has successfully notified you of your legal obligation to respond. If befuddled, act wisely and call an attorney for assistance.

What should I say when served divorce papers?

‘My wife wants a divorce’, uttered the confused spouse when being served divorce papers. In your case, maybe a temporary sense of fear overwhelms you as you try to put together your thoughts.

What is the final way to serve papers?

Self-Service The final way to serve papers is self-service. This means the plaintiff agrees to either personally deliver the papers to the defendant or hire a third-party process server. It is up to the plaintiff to show proof of self service. Once served, the defendant must appear in court to respond.

What does it mean to be served papers in court?

What Does It Mean to Be Served? Service of papers means a defendant is being notified of a legal action taken against them in court by a plaintiff. The actual “papers” being served are the initial complaint filed with the court, along with a summons to appear in court to respond.

Can a person be served papers for a debt?

It’s rare that someone is served papers for a matter they’ve never heard about. Creditors usually send several notices prior to filing a complaint with the court. In fact, the creditor will need to show the court its attempts at collecting the debt and its notice of intent to sue in order to prove its case.

What happens if I avoid being served with court papers?

As mentioned above, avoiding being served doesn’t negate the lawsuit – it’ll only delay it. The court will still hear the case and, with only one-party present, it’ll almost definitely rule in favor of the plaintiff and issue a court order.

What happens if someone refuses to be served?

What Happens If Someone Refuses to Be Served? The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Can a defendant be served with a court notice?

So long as the newspaper is in general circulation where the defendant is likely to be found or where the court is located and is published on more than one occasion (like weekly for three weeks), the court will consider the defendant served, whether he or she actually reads the notice or not.

When does neither party appear, suit to be dismissed?

Rule 3 – Where neither party appears, suit to be dismissed— Where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.

What happens if you never get served court papers?

What Happens If You Never Get Served Court Papers? In almost every state, court documents must be delivered to the defendant in person to ensure that he or she has been properly notified. If you try to avoid being served by hiding from the process server, the person will exhaust every available means of contacting you.

Can a person who was never served with a lawsuit go to court?

Of course, you can always voluntarily appear in the case, without having been served. That can save you court costs, by saving the person who is suing you from having to serve you. A program to help you create Answer and Appearance forms to respond to a lawsuit.

What Happens If Someone Refuses to Be Served? The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

What happens if a process server does not serve you?

In all states, it can occur when a dishonest process server doesn’t serve you, but tells the court otherwise. You were served. If you received the court paperwork before the court entered a default judgment against you, you’ll face an uphill struggle to get it set aside.

How to serve papers after a lawsuit is filed?

How to serve papers. To serve papers such as an Answer after the case is filed, send them by certified mail, fax, or hand delivery. If the document was filed electronically through eFile Texas, the document may be served electronically if eFile Texas has the other side’s email address. Get a receipt if you hand deliver.

What does it mean to serve court papers on an individual?

Often the slang for this type of service is “nail and mail,” because in several states, if you are unable to serve the defendant personally, you do not have to leave the claim with a live person. Instead, you can simply tack one copy to the defendant’s door and mail the second copy. 1.

When does a claim need to be served on a defendant?

A plaintiff’s claim and defendant’s claim must be served on the defendant within six months after the date the claim is issued by the court. If there is more than one defendant in the case, all defendants must be served within this timeframe. How can the plaintiff extend the time for service of the claim?

The party on the opposing side of the case, called the “respondent,” must be told about the case before it can move forward. The action of telling the respondent about the case is commonly known as “serving papers.” Helpful? Know who can serve papers.

What should I write up for service of court papers?

Write up a “Declaration of Due Diligence,” which is document for the court detailing every attempt attempt he or she made to serve the papers in person. It should include the dates he or she went to the house or work, times of day, and what the result was (for example, “No one answered the door” or “Party not in the office”).

Who is the third person in the service of court papers?

In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.” Until the other side has been properly “served,” the judge cannot make any permanent orders or judgments.

What can court staff can and cannot do for You?

WHAT COURT STAFF CAN AND CANNOT DO FOR YOU. The Court, including the judge, the magistrate, clerk’s office personnel, and all court staff, must remain impartial at all times. This basic rule protects everyone coming to court, including you, from unfairness and injustice.

Can a court staff talk to the judge?

Court Staff cannot let you talk to the judge outside the courtroom. They also cannot talk to the judge on your behalf about your case. Court Staff cannot fill out a form for you, or tell you what words to use in your court papers. Court staff might be able to provide a blank form for your use.

What does it mean to say ” I did not receive “?

This carries with it the sense of completion; this may imply that the situation described is not expected to change. The past imperfect tense: ” I have not received the items ordered”. This implies that there is a continuing expectation that a situation might resolve, or that an action is ongoing.

Can a claim form issued but not served be recovered?

In Phase 1, costs would not be recoverable subject to some limited exceptions. However in Phases 2 and 3, relevant provisions of the CPR and the Senior Courts Act 1981 would apply. These grant the Court a discretion in awarding pre-action costs ‘of and incidental to’ the claim.

Do you have to go to court if you are not served by certified mail?

You can get served by certified mail in small claims cases. But only a circuit clerk’s office can send it. You also need to sign for it. If someone else signs for it or the mailman ignores the delivery requirement, then the court won’t consider that you have been properly served.

What happens when a customer fails to repay a loan?

If the bank has reason to believe that the customer is wilfully delaying the repayment, or if the customer has not come forward with a definite plan of action to repay the dues, the bank can opt for legal proceedings.

Can a court papers be served by first class mail?

A minority of states, allow papers to be served by first-class mail. The states differ, however, on what you must do if the defendant doesn’t answer your complaint within the time limit. Check with your court clerk to see if this method is available in your area.

What should bank do if borrower fails to pay EMIS?

The Reserve Bank of India’s guidelines says that banks should give reasonable time to pay up and also forbids using ‘muscle power’ to recover loans. There is a laid down code of conduct which banks need to adhere to. There must be a reason why you haven’t paid your EMIs for a few months.

What does it mean to be served with papers?

Service of papers means a defendant is being notified of a legal action taken against them in court by a plaintiff. The actual “papers” being served are the initial complaint filed with the court, along with a summons to appear in court to respond.

A minority of states, allow papers to be served by first-class mail. The states differ, however, on what you must do if the defendant doesn’t answer your complaint within the time limit. Check with your court clerk to see if this method is available in your area.

What happens if a summons is not served?

The law varies from state to state. In some states, the defendant doesn’t have to formally accept the paper. In other states, if you refuse to be served with papers, the process server can leave them at your house and walk away. Your primary questions were: (a) What happens if a summons is not served?

What happens if the other parent is not served?

If the other parent is not served within 120 days, your complaint will be dismissed and you will have to start all over. If you cannot get the other parent served within 120 days, you can ask the Court to extend the time for service. You can use the following forms to ask the judge to extend the time to serve.

Can a court serve the papers for the other parent?

The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully. If the other parent is not properly served, your case could get dismissed and you will have to start all over!

Can a person refuse to serve process papers?

If you are avoiding a process server, a judge may allow the papers to be left at your home or business with any competent person over the age of 18. A judge may also allow the summons to be mailed to your home or business address via certified mail.

Can a defendant not be served with court papers?

Most states require that the defendant receive court documents in person, so that there can be no question that the defendant was given proper notice. However, for an unscrupulous individual who doesn’t want to face up to their responsibilities, they may go into hiding to avoid a process server.

The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served. Please read the information on this page very carefully. If the other parent is not properly served, your case could get dismissed and you will have to start all over!

Can a police officer or sheriff serve my legal documents?

Just like people, not every process service is the same. Some people are harder to hand papers off to than others. Many defendants believe that avoiding a process server means their legal troubles go away (this is false). This myth leads some people…

Why did Jehovah make his words in his mouth?

Wherefore thus saith Jehovah, the God of hosts, Because ye speak this word, behold, I will make my words in thy mouth fire, and this people wood, and it shall devour them. Therefore thus saith the Lord Almighty, Because ye have spoken this word, behold, I have made my words in thy mouth fire, and this people wood, and it shall devour them.

Where does the Lord Say the fire will destroy them?

The fire will destroy them. Wherefore thus saith the LORD, the God of hosts: Because ye speak this word, Behold, I will make My words in thy mouth fire, And this people wood, and it shall devour them.

What does the Bible say about making your words in your mouth fire?

Wherefore thus saith the Lord God of hosts, Because ye speak this word, behold, I will make my words in thy mouth fire, and this people wood, and it shall devour them. Wherefore thus saith the Lord God of hosts, Because ye speak this word, behold, I will make my words in thy mouth fire, and this people wood, and it shall devour them.

Is it not my word like a fire?

“Is not My word like fire,” declares the LORD, “and like a hammer that smashes a rock?” Is not my word like as a fire? saith the LORD; and like a hammer that breaketh the rock in pieces? “ Is not My word like a fire?” says the LORD, “And like a hammer that breaks the rock in pieces?

Wherefore thus saith Jehovah, the God of hosts, Because ye speak this word, behold, I will make my words in thy mouth fire, and this people wood, and it shall devour them. Therefore thus saith the Lord Almighty, Because ye have spoken this word, behold, I have made my words in thy mouth fire, and this people wood, and it shall devour them.

What should I do if I was served with a lawsuit in Texas?

If the document was filed electronically through eFile Texas, the document may be served electronically if eFile Texas has the other side’s email address. Get a receipt if you hand deliver. If you hand deliver the papers, get a receipt so you have proof that the person received them.

To serve papers such as an Answer after the case is filed, send them by certified mail, fax, or hand delivery. If the document was filed electronically through eFile Texas, the document may be served electronically if eFile Texas has the other side’s email address.

What happens if you get sued in Texas?

If you have been sued for a debt in Texas you have to be properly served with the lawsuit. The purpose of this of course is for the Plaintiff to give you notice that you have been sued. Service is accomplished when you receive the citation and petition by hand delivery or another authorized means.

To serve papers such as an Answer after the case is filed, send them by certified mail, fax, or hand delivery. If the document was filed electronically through eFile Texas, the document may be served electronically if eFile Texas has the other side’s email address.

Can a process server force you to take papers?

A process server cannot physically force you in any way to take papers from them. However, this doesn’t mean that just because you didn’t touch the papers you haven’t been served. It can be as simple as approaching you and saying, “John Smith, you have been served,” and dropping the papers at your feet if you won’t physically take them.

What happens if a person can’t be found to be served?

What happens if a person can’t be found to be served? If a person is being sued they have to be served papers. Then they appear in court on the day the papers say. But what if that person can’t be served papers because they can’t be found?

You can get served by certified mail in small claims cases. But only a circuit clerk’s office can send it. You also need to sign for it. If someone else signs for it or the mailman ignores the delivery requirement, then the court won’t consider that you have been properly served.

What happens if papers are not served correctly?

This can be a certificate, a statement or an affidavit (a sworn statement) of service. When using a professional to handle this, they will have a system in place that ensures this requirement is met. If papers cannot be served correctly, there could be a postponement of the case or even thrown out of court.

A process server cannot physically force you in any way to take papers from them. However, this doesn’t mean that just because you didn’t touch the papers you haven’t been served. It can be as simple as approaching you and saying, “John Smith, you have been served,” and dropping the papers at your feet if you won’t physically take them.

When do court papers have to be served?

Yes! December 30 2020. Anyone can serve 95% of Process, but only a professional process server can serve the other 5% Serving court process is a job that keeps you on your toes, forces you to improvise and think in the moment, and may also require planning ahead to be…

What happens if someone refuses to serve a process server?

Sometimes a place of business or workplace can be used as an alternative address. If these systems don’t work, then some substitute services may be permitted by the courts. If someone continues to avoid a process server, there are a few other options that can be employed to get the papers to them.