Avoiding a process server is a guaranteed way to make your upcoming court case more stressful and costly. Not to mention it could land you responsible for a default judgment that is far from being in your favor.
Too often, people make the mistake of thinking that if they avoid a process server for long enough, the case will just go away. While avoiding a process server will temporarily delay the case, there are ways to serve someone without physically handing them any paperwork. If a judge approves one of these alternative service methods, the defendant is considered served and the case will proceed. If the defendant continues to avoid the matter and doesn’t show up for the proceedings, a default judgment will be granted to the plaintiff. Default judgments will not be in your favor as the defendant and could end up costing you much more than if you had just handled the case properly.
Avoiding a process server can ultimately lead to:
Increased court and attorney fees
When you avoid a process server, court dates must be rescheduled, resources must be moved around, and service of process fees just keep climbing. As the defendant, if you lose the case or the plaintiff is granted a default judgment, you will be responsible for paying all of those fees. If you hire an attorney, they will also charge you more if you have a history of evading service.
More time in court
Plan on spending more of your precious time in court if you avoid a process server for too long. Not only will the plaintiff likely win the case by default, but avoiding the process server could also land you in legal trouble if a judge charges you with contempt of court. That means more court dates, more fines, and more hassle.
Possible default judgement for the plaintiff
We’ve mentioned it already, but it is so important it’s worth mentioning several times… if you avoid a process server long enough, the plaintiff (i.e. the person who is suing you) will win a default judgment in the case. That means they will likely be awarded whatever they are asking for from you. You could be paying for years to come if this happens.
Damaging your professional and personal reputation
No one wants to have to explain to their employer, family, or friends why they are dodging a process server. It’s embarrassing for people to know that you’re in possible legal trouble. It can also cause permanent damage to your reputation, especially if you are a professional or business owner.
Evading service of process just isn’t worth it. So, the next time you get a knock on the door from a process server, do yourself a favor and answer it with a smile.
