What if I can't find the person I need to serve?
Asked by: Ms. Yvette Volkman | Last update: October 9, 2025Score: 4.9/5 (36 votes)
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 you can't find a person 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.
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 serve someone who is avoiding you?
If the defendant tries to evade service by staying away from their home, you can serve them at their workplace or another public place. If that does not work, you may need to locate another address to serve them at.
How many attempts do you have to serve?
Subsequent Attempts: Most process servers are committed to making several attempts, usually spanning different times of the day and week, to accommodate the surprise factor essential in process serving. The industry standard is around 3-4 attempts, allowing for adapting to the needs of each specific case.
What Happens if I Can’t Serve the Person?
What to do if someone is trying to serve you papers?
Bottom line: if you have someone attempting to serve you papers, they will find a way to do so. It is best to accept them and begin to build your case with your defense team.
What percentage of time do you have to serve?
In federal court you will have to serve 85% of your sentence if convicted of federal charges. Thus, if you are sentenced to 10 years in prison, you will actually serve 8.5 years in prison. However, for most state felony convictions, you will only serve 50% of your actual sentence.
What happens if they don'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.
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.
What happens if a constable can't find you?
However, if they can't find you, the court may grant an order for substituted service, and the lawsuit may proceed without you. What happens if you can't serve someone court papers? What if you successfully avoid a debt collector trying to serve court papers?
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.
Can someone sue you without you being served?
Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.
What if I was never served papers?
If the court rules that you were not properly served, it can potentially lead to several Implications, including: Case Dismissal: The court may dismiss the case, that is, terminate the lawsuit, following their lack of jurisdiction over you or the violation of your due process rights.
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 someone doesn't get served?
What Happens When Service Is Refused? If someone refuses legal service, the courts still provide options to continue the lawsuit. Process servers document each attempt to serve the documents, including refusals. This documentation helps the court move forward even without direct 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.
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 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 process servers call you before they serve you?
Real process servers will call people they are trying to serve. If a server can get in touch with you, they will try to arrange a time to deliver the documents. A server may make a few attempts to call you and might leave a message on your answering machine.
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.
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.
What happens if I miss a serve?
If your first serve doesn't go into the correct box, it's called a “fault.” If you miss your second serve, however, it's called a “double fault” and your opponent wins that point.
What's the shortest time you can serve?
Generally speaking, if you're looking for the shortest active duty enlistment commitments, the Army and the Navy may have options as short as two years for certain jobs. However, it's important to note that these shorter enlistment periods may come with fewer benefits.
How much time do you serve on a 7 year sentence?
In the Federal system, you are required to serve 85% of your sentence. So, for a 7 year sentence, you will serve just under 6 years. This does not include calculations for getting our earlier on Halfway House or Home Confinement programs.
How much is 85 of 3 years?
3 years is 36 months. 85% of 36 months is 30.6 months.