Every process server eventually encounters someone who is actively trying to avoid service. While frustrating, there are legal and effective strategies for getting the job done.
Understanding Evasion Tactics
Evasive defendants commonly use these tactics:
- Not answering the door despite being home
- Using different entrances and exits to avoid detection
- Sending others to answer the door on their behalf
- Varying their routine to be unpredictable
- Staying at different locations to avoid their known address
Patience and Persistence
The most important tool is patience. Multiple attempts at different times of day and different days of the week will eventually reveal a pattern.
Stakeout Service
For particularly evasive individuals, stakeout service involves waiting near a known location until the person appears. This is legal in most jurisdictions and is often the most effective approach.
Alternative Service Methods
When personal service proves impossible after reasonable attempts, most states allow alternative methods:
- Substituted service at the person's home or workplace
- Service by posting at the person's residence
- Service by publication as a last resort
Document Your Efforts
Thorough documentation of every attempt is critical. Courts want to see that you made diligent, good-faith efforts before resorting to alternative service methods.
Know When to Pivot
If you've made numerous attempts without success, it may be time to consult with the attorney about alternative service methods. Don't waste time and money on an approach that isn't working.