What Happens if You Lie to a Process Server?

If you lie to a process server to avoid service of process, the court may approve alternative methods of service, issue a default judgment against you, or even impose charges for contempt of court. While some people assume it helps buy time or avoid lawsuits, lying to a process server can put you in legal trouble. That’s why you need to learn what to do instead of lying when you’re served legal papers, which we’ve covered in detail in this blog.

With over 16 years of experience, On-Call Legal Process Servers are the most reliable licensed process servers for all services of process in California and nationwide. Our advanced investigative services can help you locate and serve evasive individuals who may lie about their identity or whereabouts. Book a free consultation with us and let’s help deliver your documents without stress.

In this blog, we’ll explain the consequences of lying to a process server, why people sometimes do it, the common lies servers hear, and what you should do instead to protect your legal rights.

What Happens if You Lie to a Process Server Intentionally

Contrary to what some people believe, lying to a process server does not necessarily stop a legal action. Instead, you may face some penalties for avoiding service of process as long as the other party’s attempt to serve you was valid.

If personal service was unsuccessful because you lied to a process server, the court may approve alternative service methods. They may allow the serving party to deliver the papers through substituted service, service by mail, email, or by publication as a last resort.

In some cases, process servers may use advanced investigative methods such as skip tracing to locate you. Most private investigative services use skip tracing when traditional means of contact, such as calling phone numbers, do not work. The process involves gathering and analyzing information from public and private records to find cues about a person’s whereabouts. Skip tracers may use tools such as auto records locators, GPS data, credit bureaus, or even social media to track down an individual and serve them papers.

If you still prove to be evasive after multiple valid attempts to serve you, then the case may proceed without your cooperation. When you miss deadlines because you avoid service, the court may issue a default judgment against you. As such, you lose the opportunity to respond, and the other party wins automatically without your defense.

Moreover, avoiding service by lying doesn’t stop the process but can cause unnecessary delays. The extra time and service attempts can accumulate additional legal fees for the opposing party, which you may later have to pay for if they win. You may also incur higher legal fees and other costs if you later act under tight deadlines.

If the lie involves false identification or impersonation, you may even be charged with contempt of court or fraud, depending on the situation. Some states impose fines or other penalties for deliberately interfering with legal services.

Furthermore, the court expects honesty and cooperation. Lying gives the impression that you are untrustworthy or trying to manipulate the system. This can hurt your credibility and influence how the court views your defense. Once the judges consider you unreliable, they may tighten their scrutiny on your case, and you’ll need stronger evidence to support your claims even in future cases.

Reasons Why People Might Lie to a Process Server

Many people panic when they face lawsuits, debt collection, divorce papers, eviction notices, or other kinds of legal actions. Sometimes, they think that denying their identity or refusing papers will stop the case from moving forward. As a result, some people lie to process servers because they think it’ll help them delay or avoid legal issues.

Another reason people lie to process servers is to buy more time before they respond. In such cases, they hope to extend deadlines for filing a response, preparing finances, or consulting with a lawyer. Unfortunately, courts set strict timelines once process service is considered valid, so trying to delay can backfire and lead to a default judgment.

Moreover, people might lie to a process server to avoid embarrassment. For some, being served in front of neighbors, coworkers, or family can feel humiliating. To avoid such awkward moments, someone might deny who they are or pretend they don’t live at the address. This is often more about protecting their reputation than stopping the legal process.

Common Lies People Tell Process Servers

Depending on the situation, people can go to great lengths to avoid being legally served. Some of the most common lies process servers hear include:

• Denying their identity – Intended recipients will say they’re not the person named on the document. This is arguably the most common lie.
• Denying residence or presence at the address – Sometimes, people lie that they don’t live at the address or insist they’re just passing through. Some may claim that the defendant has moved out or that the address belongs to someone else entirely, often accompanied by a made-up forwarding address.
• Refusing to accept documents or pretending not to understand – Some people blatantly refuse to take legal papers or close the door on the process server. Sometimes, they pretend they don’t understand what the server is saying to avoid acknowledging service.
• Pretending to be underage – Since most states don’t allow service to minors, a defendant may lie about being under 18 to try to invalidate the attempt.
• Pretending to be someone else in the household – In some cases, family members or roommates may claim the defendant isn’t home, while the defendant themselves may hide and deny their identity.
• Saying the person isn’t available right now – Another common deceit is to say the defendant is away, busy, or out of town, even when the server has confirmation they are present.

What Should You Do Instead of Lying to a Process Server

Courts have procedures to ensure cases move forward even if you don’t respond accordingly. So, instead of lying when a process server approaches you, there are constructive steps you can take to protect your rights and strengthen your position.

1. Accept the Papers Calmly: The best first step is to simply accept the documents. That way, you have the opportunity to understand exactly what you’re facing and the right next course of action. Even if you’re not served directly, there should be an authorized person, like an attorney, who can accept service on your behalf.
2. Review the Documents Carefully: Once you get the papers, go through them thoroughly. The papers usually contain information on what the case is about, who is suing you, and how much time you have to respond. Take note of every relevant detail to avoid mistakes that may affect the outcome of your case.
3. Contact an Attorney Promptly: To be sure you understand the documents perfectly, it’s recommended to speak with an attorney. An experienced lawyer can help you understand the legal statements, recommend what to do next, and help with the defense strategy. This is far more effective than trying to lie to delay or avoid legal responsibilities.
4. Keep Track of Deadlines: Virtually every legal document has strict timelines. If you miss those deadlines, you run a risk of rendering your responses invalid or facing a default judgment. For example, say a process server approaches you to serve a subpoena that requires you to produce evidence in court. If you lie to the process server about your identity, you may miss the deadline to produce the evidence, and that may affect the general judgment of the case.
5. Address the Issue At Hand: Granted, facing a lawsuit or civil action can be tough. But on the other hand, ignoring the case or lying to avoid court papers won’t make the case disappear. Instead, dealing with it directly puts you in the best position to defend yourself, negotiate, or resolve the matter.

Need Help With Proper Service of Process?

Being served with legal papers can feel uncomfortable, but lying or avoiding service will only hurt you in the long run. If you avoid service by lying to the server, you miss the chance to defend yourself. Think about missed deadlines, default judgments, or unnecessary legal costs. The best step you can take is to face the situation directly and protect your rights from the start.

If you need trusted, licensed process servers in California to serve your legal documents correctly and on time, On-Call Legal Process Servers are here to help. We also provide all-inclusive support services, such as obtaining, preparing, serving, and documenting your court papers quickly and accurately. Contact us today to schedule a free consultation.

FAQ

With over a decade of experience, On-Call Legal Process Servers are familiar with most of the questions people ask about what will happen if they refuse papers, avoid contact, or even lie. That’s why we’ve provided these comprehensive answers to guide you.

Can I Refuse to Accept Service?

Yes, but even if you do, it doesn’t stop the legal process. In states like California, the process server can leave the documents at your feet or with someone else in your household or workplace, and it will still count as valid service.

What if I Wasn’t Home When the Process Server Came?

If you aren’t home, the server can return multiple times or use alternate service methods allowed by law. These may include leaving the papers with another adult at your residence or mailing them to you.

How Can I Prove I Wasn’t Lying if Accused?

If you’re accused of lying, you can provide documentation such as proof of residence, identification, or travel records showing where you were. Courts usually rely on the process server’s sworn statement, so having supporting evidence can be important.

Is It Illegal to Lie to a Process Server?

Although lying isn’t always classified as a specific crime, it can lead to legal consequences. If the lie involves obstruction of legal procedures, contempt of court, or providing false identification, it may be considered criminal behavior depending on state law.

Can Lying to a Process Server Get You Arrested?

In most cases, lying alone won’t get you arrested. However, if your conduct rises to obstruction of justice or fraud, law enforcement may become involved, and an arrest could be possible.

What Happens if You Never Answer the Door for a Process Server?

If you refuse to answer the door to a process server, courts often allow alternative methods, such as posting, mailing, or substitute service, which means the case will move forward without you.

What Happens if I Ignore a Server?

If you keep ignoring service attempts or refuse to be served, the court may still consider you served through alternate methods. This can lead to you missing critical deadlines and possibly facing a default judgment against you.