Avoiding a process server is an all-around bad idea. Process servers uphold your conditional right as a defendant to due process. If a process server attempts to serve you as a defendant, a witness, or a relevant stakeholder; It is in your best interest to comply and receive service. Avoiding service can lead to:
More expensive and lengthier trial
In addition to multiple process server charges for the multiple service attempts, avoiding process service can lead to extra attorney charges, extra court costs, and fines. Repeatedly avoiding service can also cause court dates to be rescheduled, lengthening the trial significantly.
Embarrassment
Avoiding the process server does not mean that the case will not move forward. After the processor has attempted to serve you multiple times, they will likely petition the court to be able to serve you by substitution or publication. Both of these methods involve informing other people or publicly posting your name and the reason you are being sought. Depending on the nature of the case, this service puts your private information out there for anyone to see.
Reputation damage
Not only is having your private affairs published for the world to see embarrassing, but it can also be very damaging to your reputation. Potential employers may shy away from someone they have read about in the paper. Potential business partners may pass on developing a relationship with you. You never know who might read the newspaper or an online forum announcing your evasive behavior.
Unfavorable case outcome
After a process server serves a defendant via substitution or publication, the defendant is required to appear in court. If they don’t, the judge will likely issue a default judgment in the plaintiff’s favor, granting them the damages they requested in the lawsuit.
Jail time
In addition to having to pay the plaintiff and court costs, the judge may also decide to charge the absent party with contempt of court. This carries a fine, jail time, or both.
Do yourself and everyone else involved with your case a favor; Don’t avoid the process server. It will not stall the case and can cause consequences beyond just losing. It is your right to receive due process, and at Accurate Serve in Tallahassee, we excel at preserving that right.
