Some people think that if they never accept the papers, the case can't go ahead. In most cases that isn't true. Avoiding service usually just delays things, and the court has ways to deal with it.
What a good process server does
- Varies attempt times. Early morning, evening and weekends, when people are more likely to be home.
- Uses everything you know. Workplace, car, gym, regular routines and a recent photo all help.
- Serves even if they refuse. Under many court rules, if a person won't take the documents, the server can tell them what they are and leave them nearby.
- Records every attempt. Date, time, location and what happened, written up accurately.
Substituted service
If personal service still isn't possible, you can ask the court for an order for substituted service. That lets you serve another way the court approves, such as by email, text message, social media, post, or by giving the documents to a family member.
The court will want evidence that you've genuinely tried. That's where affidavits of attempted service come in. Detailed, well-recorded attempts make the application far more likely to succeed.
Don't wait until the last minute
If you suspect the other party will be difficult, start early. It gives your server time to make several attempts and, if needed, time to apply for substituted service before your hearing date.