What Happens if You Don’t Answer the Door to a Process Server?

When a process server serves you legal papers, you should acknowledge and respond to the court documents within the specified timeframe. If you don’t answer the door to a process server, they will usually attempt to serve you again at a later time. 

However, failing to respond to a process server does not stop legal proceedings, and the court may proceed without your involvement, potentially resulting in a default judgment against you.

If you’re unsure about the legal implications of avoiding a process server or need assistance in understanding your legal rights and obligations, our team at On-Call Legal Process Servers is ready to help. As the leading process server in California and beyond, our experts have the requisite experience to not only provide excellent process service but to also guide you through the nitty-gritty of the process. Contact us today to get started immediately.

In this article, you’ll learn what happens if you don’t answer the door to a process server, the alternative methods of service, and best practices if you get served. Let’s dive in.

What Happens if You Deliberately Avoid a Process Server?

Deliberately avoiding a process server can result in severe legal consequences. It can result in prolonged cases, contempt of court charges, and missed opportunities for proper defense. Some of the long-term consequences of avoiding a process server include:

Missed Opportunities for Defense

Failure to receive and respond to court documents may result in missed court appearances, leading to judgments made in your absence, which may eventually limit your ability to defend the case effectively.

Possible Legal Penalties or Additional Charges

Continued avoidance can result in legal penalties or additional charges, such as fines for contempt of court or covering the opposing party’s legal fees due to unnecessary delays caused by non-compliance.

Non-Compliance and Its Effect on Court Judgments

Non-compliance can influence court judgments, which can potentially lead to unfavorable outcomes due to the absence of a proper defense or your inability to present crucial evidence or arguments. Typically, the court may enter a default judgment against you.

What Happens if You’re Not Home?

Process servers typically follow specific protocols when no one answers the door. Usually, they will make multiple attempts at different times and days to reach you at home. Their efforts may include visiting during evenings or weekends for a better chance of serving the court documents via personal service. 

If you’re genuinely unavailable during these attempts due to work, travel, or other legitimate commitments, the process server might leave a notice or try other methods to reach you. Common creative strategies most process servers use to serve papers include calling over the phone, visiting a family member’s home to confirm your availability, or visiting the defendant’s favorite spots.

However, if they suspect you’re trying to avoid them intentionally, they may seek the court’s approval to use other alternative methods to deliver the papers. In all, a process server typically makes three to five attempts to serve legal documents. The exact number of attempts can vary based on the state’s rules, the urgency of the legal matter, and the diligence of the process serving firm.

Alternative Methods of Process Service

Apart from personal service, there are other approved ways to serve court papers. However, the use of these methods often requires court approval and varies by jurisdiction:

• Substituted Service: It involves serving legal documents to another person of suitable age and discretion at the recipient’s home or workplace.

• Service by Mail: This method means sending the documents through the post office to the recipient’s last known address. It might require sending the documents by registered or certified mail with the return receipt requested. It could be the same address visited earlier or any other one that the process server believes the recipient lives in.

• Publication in Newspapers: If the process server cannot locate the named recipient, the court may allow publication of the notice in a local newspaper. A public notice may be embarrassing, but it’s the last resort. In certain jurisdictions and under specific conditions, documents can be served electronically, such as via email.

Common Misconceptions About Avoiding Process Servers

Some individuals erroneously believe that if they haven’t physically received the documents, they have no legal obligations in the case. Other misconceptions include:

Ignorance Equals Safety

Many people believe that avoiding or refusing to accept legal documents will make their cases disappear or provide protection from legal action. In reality, avoiding proper service can worsen legal issues and result in more severe consequences.

Hiding Buys Time

Some assume that evading a process server buys time to prepare a defense or escape legal obligations. However, courts have measures to ensure due process, and avoiding service doesn’t delay legal proceedings indefinitely.

Physical Evasion Protects

Another misconception is that physically avoiding a server or refusing to accept the document from the server will prevent the service of process. The fact that you met the process server and ran away can be argued as proof of service. Or the opposing counsel will pray for the court to enter a default judgment against you.

Case Study to Illustrate Consequences of Avoiding a Process Server

Doe found himself entangled in a contract dispute with a former business partner. Fully aware of the impending legal documents, Doe opted for a game of evasion whenever the process server came to deliver papers. He thought that dodging the server would halt the legal proceedings, sparing him from potential repercussions.

However, the court proceeded with the case in his absence, resulting in a default judgment favoring the opposing party. This judgment imposed a substantial financial penalty against Doe, which affected his finances and credit rating. His evasion tactics not only extended the legal matter, escalating legal fees for both sides, but also took a toll on Doe’s emotional well-being.

Moreover, his evasive maneuvers significantly limited his legal options, leaving him with few opportunities to contest the judgment or negotiate a settlement. Doe’s experience illustrates the common repercussions faced by those choosing to avoid a process server: default judgments, financial stress, emotional distress, and limited legal recourse.

6 Tips on How to Respond to Process Servers

Knowing the right way to respond to process servers will help you avoid legal consequences. Here are tips on how to respond to process servers the right way:

1. Stay Calm and Polite: Reacting negatively can escalate the situation unnecessarily. A calm approach ensures clearer thinking and better handling of the situation. Remember, the process server is performing their job.

2. Verify Their Identity: Ensure the person serving the papers is an official process server or a genuine law enforcement officer appointed by the court. They should have identification or documentation to prove their role. This is a standard security measure to prevent scams, misinformation, or bad service.

3. Accept the Documents: Accepting the court document does not automatically mean you’re guilty or agree to the content. It’s simply an acknowledgment that you received the papers. Refusal will only attract avoidable legal consequences.

4. Read the Documents Carefully: Understanding the content of the legal document is crucial for an appropriate response. Pay attention to the nature of the legal action and instructions provided.

5. Note the Deadline: Legal documents typically have response deadlines. Missing a response deadline can have serious legal consequences, such as a default judgment entered against you without your input or defense. So, endeavor to respond in a timely fashion.

6. Seek Legal Advice: If the document’s content is complex or unclear, you should seek legal counsel. A lawyer can provide clarity on the necessary steps. Even if the document is clear, it is important to seek legal counsel before responding to such documents.

Need Expert Process Server Assistance?

Not answering the door when a process server knocks may lead to some legal repercussions, including missed chances to defend the court case, potentially leading to unfavorable judgments. You should seek professional advice or guidance to understand the documents and how to respond appropriately. 

Contact our experienced process servers at On-Call Legal Process Servers for expert guidance on how best to respond to process service to stay compliant. We also offer our process serving services nationwide. Book a free consultation now.

FAQ

What Is a Process Server?

A process server is a person who is legally authorized to handle and deliver legal documents, including summons, complaints, subpoenas, or other legal notices to the parties involved in a case. Their main job is to ensure that all entities and persons are properly notified about any legal actions taken against them.

As a legal requirement, a process server must be at least 18 years old and not be an involved party in the case. Process servers may be employees of registered firms dedicated to process services. They could also be law enforcement officers (a police officer, marshal, or sheriff), court clerks, or any other court official.

How Many Times Will a Process Server Try to Serve You?

There is no fixed limit on the number of times a process server will try to serve you. Nevertheless, they may make at least three attempts to ensure you are personally served before moving on to other forms of service, such as mail or publication in a newspaper. 

They may also give the papers to your family member or co-worker, in what is known as substitute service. A process server is allowed to make several attempts at different times and days, including weekends, to increase the chance of finding and serving you.

How Late Can a Process Server Come to Your House?

There are no time limits when it comes to process service. A process server can serve you at any hour of the day, even at night. They often work between 7 am and 10 pm. However, if all efforts to meet you during this period fail, they won’t hesitate to come later at night if they believe they have a fair chance of seeing you then.

Can You Refuse to be Served Papers?

No, you can only try to physically refuse to be served papers. However, it does not stop the service, and process servers don’t need your permission to serve you. In most states, the law allows them to leave the papers near you, by your feet, or in front of your door and it’ll still count as being legally served. 

How Many Times Can a Process Server Come to Your House?

There is no strict limit to the number of times a process server can come to your house. Nonetheless, their attempts to serve you must be reasonable without harassing or trespassing. If you are actively avoiding service, they may become creative in their approach to ensure that you receive the document.

Do You Have to Answer the Door if You Are Being Served?

Yes, you have a legal obligation to accept court documents from process servers. Deliberately not answering the door when they knock is tantamount to evasion of service and attracts legal consequences.

What Happens if a Server Can’t Find You?

If the server can’t find you after several failed attempts, the other party will seek a court order for you to be served through other legal means, such as mail, publication, and substituted service.

What Happens if I Ignore Someone Trying to Serve Me?

Doing so will expose you to legal penalties, such as fines. The judge may also enter a default judgment against you. The general rules in most states allow a process server to leave papers at a defendant’s door if the door was slammed on them or if the defendant refuses to open the door after confirming the identity of the server. Once the process server shows you are deliberately ignoring them, the court will take legal action against you.

What Happens if You Threaten a Process Server?

Threatening a process server is a criminal offense. Depending on the state where it happened, it will open you to felony or misdemeanor charges. In California, such actions are a contravention of Sections 241 and 243 of the Penal Code. The Texas Penal Code § 38.15 considers any form of obstruction of service, including threats, as a Class B misdemeanor with up to 6 months jail term and/or a fine of $2,000.