What happens if you can't find a person to serve?
Asked by: Rowland Wisozk | Last update: January 14, 2026Score: 5/5 (32 votes)
If the target cannot be found, some jurisdictions allow for what's called “substituted service,” whereby the court papers are given to a roommate or, in some cases, a teenager of appropriate age. This is considered legal in some places, though only acceptable once all other options have been exhausted.
What if I can't find the person I need to serve?
If you cannot find them, you can show the court everything you tried to find them and ask for permission to serve them publishing the court papers in a newspaper or posting them in the court.
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.
What happens if you can't get someone served?
If you were not served, you won't get notice. They can't move forward without serving you or proving to the judge they can't find you. If they do, the judge will authorized alternative service and they will try your last know address or publication etc. this will be used as service.
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.
What Happens if I Can’t Serve the Person?
Can you be served by phone?
Most jurisdictions require subpoenas to be served in person, by mail, or through other prescribed methods to ascertain due process. Serving by phone may not be legally recognized and may potentially invalidate the subpoena.
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.
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 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 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.
What happens if a debt collector cannot serve you?
Notice in a local newspaper: If a process server has made repeated attempts to reach you and failed, another option is for the court to authorize the plaintiff (i.e. the debt collection agency or creditor) to complete service of process by publishing a notice in a local newspaper.
What happens if they can't find you for a subpoena?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
What happens when server Cannot be found?
The Server IP Address Could Not Be Found error typically occurs when a device or computer cannot connect to a network or the internet. Several issues, including incorrect network settings, a malfunctioning network adapter, or a problem with the router or modem, can cause it.
Can a server refuse to serve someone?
You can ask them to leave. If your business is closed and a customer wants service, you have the right to refuse them. If a customer is causing a scene by yelling, swearing, or making a mess, or they're clearly intoxicated, you have a right to refuse them.
Can you call the police on someone trying to serve you?
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.
How do process servers find you?
Process servers use all information available to pinpoint the location of individuals or businesses, using databases, web and social media searches, known associate interviews, and more to find people.
Can someone sue you if they can't serve you?
Consequences of Never Getting Served Court Papers
Suppose you are the defendant in the court case that a person files against you. If you did not receive your court papers, then the plaintiff can ask the judge to proceed with the default judgment in your case.
Can you go to jail for not being served?
It's not illegal to avoid being served with a process, but it is rarely advantageous. In some cases, it can result in court orders and decisions being made without your knowledge, and it always results in longer and more expensive litigations.
How many attempts will a process server make in California?
How many attempts will a process server make in California? Professional process servers in California typically make multiple attempts to serve documents, usually three to five tries, at different times of the day and week to maximize the chance of serving the recipient.
What happens if you miss being served?
Consequences of Not Receiving Court Papers
As a result, the court may enter a default judgment in favor of the opposing party, potentially leading to adverse outcomes such as financial penalties, loss of property, or other legal obligations.
How many times can a process server come to your house in California?
There is no limit to the number of times a process server can visit you or come to your house to serve you documents.
How to find out if someone is trying to serve you papers?
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 ignore a process server?
As a recipient of legal documents, you have the right to refuse service from a process server. However, it's important to understand that this doesn't necessarily make the legal matter go away. It's also crucial to note that refusing service does not mean you can avoid facing the legal matter altogether.
What happens if a constable can't find you?
If the target cannot be found, some jurisdictions allow for what's called “substituted service,” whereby the court papers are given to a roommate or, in some cases, a teenager of appropriate age. This is considered legal in some places, though only acceptable once all other options have been exhausted.
How many attempts will a process server make in Texas?
Regardless of what service level you may choose, the process server will make up to three (3) attempts to deliver the paperwork, regardless of the service level our clients may choose (Routine or Rush.) These three attempts will be made in the morning, afternoon, and evening for every service level.