Process Serving Basics, Part 2: Serving Difficult Defendants
When you're a pro se litigant, it's crucial to understand the fundamentals of process serving. The core principle is to deliver a document into the hands of the recipient, who is typically a defendant in a lawsuit. Process serving is actually a service that benefits the defendant, as it allows them to learn about the civil litigation promptly so they can strategize their response. A defendant can then decide whether to settle for a fraction of the litigation cost or fight the case in court. The sooner a defendant receives the documents, the sooner they can make decisions that will have long-term beneficial consequences for them.
The Service Plan
To serve someone, you must first find the individual named as the defendant. If there are multiple defendants, each person must be served. With the defendant's name and a general description, you must conduct further research to determine their location, such as where they live or work, especially if you don't know them personally. You can use social media to find information about where they live, work, and their hobbies. This information helps you create a strategy for service, especially if the defendant is evading it.
Initial Contact and Documentation
The first step in a service plan is to contact the person and ask them to meet you to be served the court documents. Ideally, they will agree to a time and place, accept the documents willingly, and the process will be completed without any drama. However, defendants are not obligated to meet you to receive the documents. If they are seen as being contemptuous of the court process by "playing games with the system," a judge can hold them in contempt of court and issue punishments.
I recommend initially contacting them by email to set up a time for service. If that fails, try calling them if you have their phone number. When you get their voicemail, leave a message stating that you are trying to serve them and provide your contact information. It's essential to meticulously document every attempt, including emails sent and voicemails left, because this information will be part of your affidavit of service. This record demonstrates whether the person was cooperative or difficult to serve and can be useful in potential contempt of court proceedings.
Public Spaces and Dropping Documents
If the defendant refuses to respond to your emails and phone calls, you must go "on the prowl" to find them in a public space. If you have a photo and can identify them in a crowd, you can approach them and announce that you are a process server and they have been served. Once you have announced that you are a process server and that the documents are for them as a named defendant in a court action, you can simply drop the documents on the ground and walk away if they do not take them. You are not obligated to physically place the documents in their hands or wait for them to accept them. For example, if you are standing in front of a desk, you can place the documents on the desk. If there is only the floor between you, you can place the documents on the floor. After service occurs, you must record the date and time to prepare your affidavit of service.
Serving at Home or Work
If public serving is not an option, you can go to their house. When attempting service at a residence, it is important to go during daylight hours to avoid being charged with criminal trespass. You can knock on the door and announce your purpose. Generally, you are only required to make three attempts at the house. If that is unsuccessful, you can try other locations, such as their workplace, gym, or social club, as long as it's a public space where they can be intercepted. The process is the same: announce that you are a court process server, state that the documents are for them as a named defendant, and leave the documents with them.
Documenting Failed Attempts
If you have tried all the above methods—sending emails, leaving voicemails, and attempting service at their home, workplace, and other locations—with no success, you must document all of your efforts to show that you made a significant effort to serve the individual. The defendant could simply be evading service, or they might be out of town. You might consider talking to neighbors to see if they are on vacation.
After all attempts have been frustrated and you have been unable to make contact, you can either provide an affidavit of service that explains your unsuccessful attempts, or as a last resort, you can tape the document to the door of the residence and take a picture of it. This serves as the final attempt. If the other party still does not respond, whoever is moving the action forward may need to apply to the court to have the service considered as "served enough" to proceed with the case. If the judge agrees, the case moves forward as if the defendant was served, and it becomes their fault that they failed to respond.
Process serving can be a straightforward process, but it can also quickly become complicated. This is the general concept and the kind of "adventures" one can have while attempting to serve court documents.