So, you think you are being sued… Whether it is for an unpaid debt, divorce, eviction, or any other kind of legal matter, being “served with papers” can be scary. But can you refuse to be served? Well, the short answer to that question is, technically, yes. Be warned, however, that just because you refuse to accept service does not mean you “win.” In fact, you may lose in a very big way!
Key Takeaways
1. While you can technically refuse to be served with legal papers, doing so will only delay proceedings and could lead to a default judgment against you.
2. If traditional service methods fail, courts can allow alternate means such as special process servers or even service by publication, which might occur without your knowledge.
3. With new laws allowing service via electronic means like email, text, and social media, avoiding service is becoming increasingly difficult, making it crucial to seek legal help if you are being sued.
What Really Happens When You Avoid Service?
A sheriff knocks on your door with “papers” in her hands to serve you? You dim the lights and wait until she goes away. Someone holding a suspicious packet of papers approaches you as you are leaving work and asks if your name is John Doe; you say no and rush to your car. Your local sheriffs could give you a dozen examples of what refusing service looks like; they’ve seen it all before. After they have made several diligent attempts to serve you, the sheriff will submit an affidavit of non-service to reflect that you have not been successfully served. What you have managed to do is delay the court proceedings. However, it is important to know that there are various other methods by which you may be served.
Traditional Alternate Means of Service
When service via sheriff is unsuccessful, the plaintiff has the option to ask the court’s permission to effectuate service by alternate means. One of the first options is to ask permission for service via a special process server. This is usually a person or company that will be less recognizable than a sheriff. Often, special process servers are private investigators and can be particularly savvy in the techniques of serving court documents. Even when a special process server is unable to secure service, a plaintiff has the option to ask the court’s permission to serve a defendant by publication. This means that notice of the court proceeding must be posted in a local newspaper for a specific amount of time as required by the state statute, after which the defendant will be deemed to have been served. If you are being served via publication, there is a chance that you may never see the published article and may have no idea you are being served. Being served in that manner could result in a court date being set without your actual knowledge, which could ultimately result in a default ruling against you.
New Laws on Alternate Service
As the world continues to trend more towards electronic means of communication, the legal world follows suit. In fact, some states are trending towards allowing the service of process via electronic means. In Illinois, for example, pursuant to Supreme Court Rule 102, as of April 2023, service of process may be made via email, text message, and even social media.
A Final Word on Refusing Service
As you can see, while you can technically refuse service, avoidance will not prevent legal action from proceeding against you. Advancements in the law with respect to alternate means of serving process have made refusal of service more difficult. If you find that you are being served with legal documents or being sued, it is best to reach out to a qualified attorney who can represent you.
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