Can you call the police on someone trying to serve you?
Asked by: Allison Harvey II | Last update: November 30, 2025Score: 4.1/5 (26 votes)
If you're being served papers, you do not have to answer the door legally. You can call the police if the process server is trespassing and this is not legal in your state. You should know that even if you do not open the door, this does not mean you can hide from or evade the lawsuit.
Can you call cops on process server?
While rare, there have been circumstances where a resident called the police on a process server. If this happens, ABC Legal recommends staying on-site so that you can give your statement to the authorities when they arrive. Remain confident in your duties and remember that you are there as part of the legal process.
What to do if someone is trying to serve you papers?
You would file an application with supporting affidavits outlining the attempts made to personally serve someone as well as supporting evidence for you preferred method of service (ie email, posting an add, leaving it at a door).
What if you can t find the person you are trying to serve?
Service by publication means putting a notice in a newspaper. It is used when you cannot find the other person and don't know their address. You need the court's permission to do this. Before the court agrees, you have to show that you tried to find the other person.
Can you ignore someone trying to serve you?
You Can Try to Hide, but You Can't Evade Service of Process
Although any legal action can't move forward until the service of process is made, avoiding process servers can be a pretty big waste of time and effort.
Getting Served Court Papers and Refusing | Learn How To Become A Process Server
What happens if a server can't find you?
A Simple Answer to “What Happens if a Process Server Can't Serve You?” The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.
Is there a way to avoid being served?
- Follow these steps if only personal service is allowed.
- Don't answer your door to anybody. ...
- Instruct the roommates/family to tell the Process Server/Sheriff that the person they're after no longer lives there. ...
- Be aware of your surroundings. ...
- Tell your workplace.
What happens if you can't get someone served?
It is worth noting that what happens when you fail to serve court papers can vary depending on the jurisdiction and the specifics of the case. Sometimes, the court may be more forgiving and allow other ways to serve the papers, but in other cases, it could result in the case being dismissed altogether.
What happens if you can't find the person you need to serve?
Service by publication
You are allowed to publish the summons/complaint in a local newspaper. It is usually used when you do not know how to find the other side and do not have a current address from home or work.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
Can you look up if you are being served?
Your best bet is to check your local court docket. These days, the docket is usually available online. Go to your local court's website and see if there are any cases with you listed as a defendant. If somebody is trying to serve a lawsuit on you, it will have already been filed.
Is it illegal to lie to someone trying to serve you?
Lying to a Process Server is Not Illegal…
If you are being served with legal papers, it is not against the law for you to lie to the process server. However, if the court finds out that you lied, there may be consequences. The court may deem that you are in contempt of court and may impose sanctions against you.
What happens if you serve someone papers and they don t respond?
If you Fail to Respond, They Could Have Trial Without You
This is a serious penalty, because failing to file an answer could lead to a judgment being entered in your case without your knowledge.
What happens if you don't answer the door to a process server?
Process servers typically follow specific protocols when no one answers the door. Usually, they'll make multiple attempts at different times and days to reach you at home. Their efforts may include visiting during evenings or weekends to ensure a higher chance of serving the court documents via personal service.
Can you say no to a process server?
You can refuse to accept documents from a process server. However, in most cases, if you do refuse to accept the documents, the process server is legally allowed to leave them next to you or at your feet. Whether you accept the documents or not, you are considered to be served.
Can you be served over the phone?
Serving a subpoena over the phone is not a standard or common practice in legal proceedings. Subpoenas are generally served in person, by process servers, or through a certified mail. The exact method used in a case depends on the jurisdiction and the rules of the court hearing the case.
What happens if someone ignores being served?
If someone ignores service attempts and fails to respond, the court may issue a default judgment. This decision often favors the plaintiff because the defendant didn't appear to defend themselves. Default judgments can have long-lasting effects, such as wage garnishment or property liens.
How do you find someone so they can be served?
You can start by searching for their address using public records, social media, property records, or checking with people they know. If you cannot serve them by personal service, try alternative methods such as substituted service, service by mail, or by publication in a newspaper.
Can you refuse the right to serve someone?
Right To Refuse Service
It's also crucial to note that refusing service does not mean you can avoid facing the legal matter altogether. Once a court case has been filed and pending matters require attention from an opposing party, avoiding service could result in severe consequences such as fines or even arrest.
Do I have to go to court if I dont get served?
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you. It's tricky if you were improperly served.
How do you avoid being served?
- Not answering the door.
- Lying about their identity.
- Hiding in the closet until the process server leaves.
- Staying at a family member or friend's home.
How long can someone evade being served?
A person trying to avoid receiving papers may succeed for a while. However, it's rare for somebody to avoid service for three years, and all approaches have been exhausted without the defendant considered officially served.
What happens if you never get served?
In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.
How to find out if someone is trying to serve you papers?
Reaching Out to Legal Entities
You can also reach out to local legal entities. This could be the court's clerk office. Simply ask if there are any legal documents with your name on them that haven't been delivered yet. This is like calling customer service to check if they've dispatched that order you forgot you made.
Can you remove before being served?
"Snap removal" is a procedural play where both forum and out-of-state defendants can remove a case to federal court before any in-state, forum defendant is formally served, allowing them to assert federal question or diversity jurisdiction.