Posted on: 2 January 2016
Any time your presence is required in court because of some legal action being taken against you, or because you are needed as a witness, a summons will be issued. A process server then attempts to give you the documentation. In family law, the most common reason for being served is for a divorce. Some people think that if they can avoid the process server, the case is put on hold until you are served, in person, by having the documentation put in your hand. However, all this is not necessarily true. While different jurisdictions have different laws and regulations regarding process service, here are a few things you need to know.
Served on Your Lawyer
If you are involved in an ongoing case, and have already notified the court of your attorney, the summons may be given to him or her and considered served. However, if it is not an ongoing case but something new, the papers cannot be served on a lawyer you previously used.
You may be able to avoid the process server for a while. Eventually he or she will have to give up. How many times and for how long a server can attempt to serve may be different in each jurisdiction. However, eventually, the court will allow the summons to be mailed to you. Whether you open it or not is up to you though.
Notice in Paper
Sometimes, the jurisdiction will demand the summons be printed in the "Notices" section of a local newspaper. The court will determine how many newspapers must carry the notice, and for how long. Once these terms have been met, you are considered served, whether you see the notices or not.
Posted on Your Door
Before you put a big fence with locking gate around your home to prevent being served because it would be considered trespassing, check with the local trespassing while process serving laws. Many jurisdictions feel that since the process server is doing his or her job, and is being sent there by court order, it is not considered trespassing.
You may be able to keep from being personally served, but you can be sure that the case will go to court eventually. If you choose not to read the summons, or open it when it comes in the mail, the only person you are hurting is yourself. Whether it be a summons for a divorce, or one in which you are being sued, the court may decide to issue a judgement against you. It would be much better for you to be there and state your side of the case.
To learn more, contact a process service company like In Focus Investigations.Share