Service of process is a crucial step in any legal matter, involving the legal procedure of notifying a person that they are required to appear in court. However, not everyone willingly accepts this notification. There are instances where individuals either avoid or resist the service of process. While these terms may seem similar, they involve different actions and implications. In this post, we’ll explore the difference between avoiding service and resisting service, providing you with a clear understanding of each concept.
Avoiding Service
Avoiding service occurs when an individual intentionally takes steps to prevent themselves from being served with legal documents. This can include a range of behaviors, all aimed at evading the process server. Some common tactics include:
- Not Answering the Door: The individual might refuse to answer the door when they suspect a process server is present.
- Providing False Information: Giving false information about their whereabouts to process servers, friends, family, or co-workers can also be a tactic to avoid being found.
- Changing Locations Frequently: Moving between different locations or frequently changing residences to make it difficult for the process server to locate them.
- Avoiding Known Locations: Staying away from places where they know they could be served, such as their home or workplace.
Avoiding service is generally a short-term solution. Process servers are trained to handle such situations and often employ various strategies to successfully serve documents. In many jurisdictions, if a person continually avoids service, alternative methods such as service by publication or service by mail may be utilized, ensuring that the legal process can still proceed.
Resisting Service
Resisting service, on the other hand, involves actively obstructing the process server’s attempts to deliver the documents. This can include physical or verbal actions that hinder the process. Some examples of resisting service include:
- Refusing to Accept Documents: Physically refusing to take the documents from the process server.
- Confrontational Behavior: Engaging in hostile or aggressive behavior towards the process server, such as yelling, threatening, or even physical altercations. This can also include having other people confront the process server.
- Destroying Documents: In some cases, individuals may take the documents and then destroy them, attempting to invalidate the service.
Resisting service is more serious than avoiding service because it can involve confrontational and potentially illegal actions. Process servers are professionals trained to handle such situations calmly and lawfully. In extreme cases, law enforcement may become involved to ensure that the documents are served and to address any unlawful behavior.
Legal Consequences
Both avoiding and resisting service of process can have legal consequences. Courts generally do not look favorably upon these actions, as they can be seen as attempts to undermine the legal process. Consequences can include:
Alternative Service Methods
Courts may authorize alternative methods of service, such as service by substitution, publication, or mail, if they determine that an individual is avoiding or resisting service.
Default Judgments
If a person successfully avoids service for an extended period, the court may proceed with the case in their absence, potentially leading to a default judgment against them.
Contempt of Court
Resisting service, especially if it involves aggressive or illegal behavior, can lead to contempt of court charges, resulting in fines or even jail time.
Criminal Charges
If the person commits a crime while attempting to avoid or resist the process server, they can be criminally charged. Communicating threats and assault are two of the most common charges that result from these situations.
Importance of Compliance
It is crucial to understand that service of process is a fundamental part of the legal system. It ensures that individuals are informed about legal actions involving them and have the opportunity to respond. Avoiding or resisting service can complicate and prolong legal proceedings, and ultimately, the individual will still be required to face the legal matter at hand.
Service of Process in Detroit, Michigan
While both avoiding service and resisting service aim to delay the legal process, they involve different behaviors and carry different implications. If you need to serve legal documents to someone who you believe will be avoidant or resistant, hiring an experienced and professional process server, such as those at Accurate Serve® of Detroit, will ensure that the job is done efficiently and in compliance with the law. To get started, call 313-385-3703 or send us a work request online.
