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What happens if You don’t Accept Served Papers: The Risks of not receiving Court Papers

Last Updated: August 29, 2024

In our society, it is not uncommon for people to be served with legal documents. These papers, which are also known as processes, typically come in the form of a summons or a subpoena.

A summons is a document that is used to notify someone that they are being sued, and a subpoena is a document that is used to compel someone to appear in court. If you are served with legal documents, it is important that you take action right away.

In this article, we will discuss what happens if you don’t accept served papers and what happens if you avoid being served. We will also provide tips on how to book a court date without being served.

Table of Contents

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  • What Happens if You Don’t Accept Served Papers?
    • What Happens if You Avoid Being Served?
    • What Should You Do After You Have Been Served?
    • How to Book a Court Date Without Being Served
    • Can You Refuse to Be Served Papers?
    • Top Reasons for Being Served Papers
    • What Does It Mean to Avoid Being Served?
  • Professional Standard for Process Servers
  • Conclusion

What Happens if You Don’t Accept Served Papers?

When you are served with legal papers, it is important to take action and respond. Failing to do so can have serious consequences. If you are served with legal papers and you choose not to accept them, the process server will likely they can leave papers with you whether you physically accept them or not or with a third party. This third party could be a neighbor, a family member, or anyone else who is over the age of 18 and who is willing to accept the papers on your behalf. Once the papers have been delivered to this third party, they are considered to be “served”. 

If you are served with legal documents and you don’t accept them, the court may deem that you have been properly served. This means that you will still be required to appear in court, and if you don’t, a warrant may be issued for your arrest.

What Happens if You Avoid Being Served?

There are a couple of different things that can happen if you avoid being served. The first thing that could happen is that the court could issue what is known as an order of attachment. This order would allow the sheriff to take possession of your property in order to pay off any debts that you may owe. The second thing that could happen is that the court could issue a bench warrant for your arrest.

If you avoid being served, the court will likely issue a warrant for your arrest. This means that the police will come to your home or place of work in order to serve you with the legal documents. If you are still avoiding being served, you may be arrested and taken to jail. 

What Should You Do After You Have Been Served?

Once you have been served with legal papers, it is important that you take action right away. The first thing that you should do is read the papers carefully. The papers will contain information about what you are being sued for and when you are required to appear in court.

Once you have done this, you will need to determine what type of case has been filed against you and what the next steps are. If you have any questions or if you do not understand what the papers say, you should contact an attorney right away.

How to Book a Court Date Without Being Served

If you want to book a court date without being served, there are a couple of different ways that you can do this. The first way is to contact the court directly and ask for a date. You will need to provide the court with your name, address, and phone number. 

The second way is to contact the opposing party in the case and book a date. Once you get their approval, you can then file what is known as a stipulation with the court.

Can You Refuse to Be Served Papers?

In most cases, you cannot refuse to be served papers. If you do refuse to accept service, the process server will likely leave the papers with a person of suitable age and discretion at your residence or place of business. This is what is known as substituted service. Once the papers have been left with this individual, they are considered to be served.

Many risks are associated with not accepting court papers when they are served. This includes avoiding being served, and not receiving court papers. Defendants who avoid service or try to hide from process servers can end up forfeiting their rights in a case. It is important to understand what happens if you don’t accept court papers, and what you can do to ensure you receive all legal documents related to your case.

Top Reasons for Being Served Papers

There are a number of different reasons why someone may be served papers.  The most common reasons for being served papers are:

  • You have been sued by someone 
  • You are required to appear as a witness in a court case 
  • You are required to provide evidence in a court case 
  • You are the subject of a restraining order 
  • You are the subject of a child custody order

When you are served with papers, you are given an opportunity to defend yourself in court. If you avoid being served, you will not have this opportunity. 

What Does It Mean to Avoid Being Served?

There are a number of different reasons why someone may be served papers. Some of the most common reasons include being sued, being a witness in a case, or having a debt that needs to be collected. There are a number of ways that someone can avoid being served, including

Hiding from the process server

This can be difficult to do and if you are caught, you may be subject to arrest.

Asking the process server to leave

In most cases, the process server will not leave until they have served you with the papers.

Paying someone to accept service for you

This is against the law in many states and if you are caught, you could be subject to arrest.

Giving false information to the process server

If you give the process server false information, they will likely come back at a later time.

Refusing to answer the door when the process server arrives

If you refuse to answer the door, the process server will likely come back at a later time.

Asking the process server to leave without accepting the papers

In most cases, the process server will not leave until they have served you with the papers.

Professional Standard for Process Servers

A professional process server is a person who is trained and experienced in serving legal documents. They are familiar with all of the rules and regulations surrounding the service process, and they know how to properly serve papers. 

The professional standard for process servers is to attempt personal service three times before resorting to substituted service. This means that the process server will try to hand the papers to you directly on three separate occasions before leaving them with someone else.

A professional process server is someone who is hired to deliver legal documents to a person who is involved in a court case. The process server must be over the age of 18 and cannot be a party to the case. In most states, there are laws that govern how process servers must act when serving papers. These laws are known as service of process laws. The purpose of these laws is to ensure that everyone involved in a court case receives notice of the lawsuit and has an opportunity to defend themselves.

Conclusion

Most people who are served with papers do not avoid being served because they know that it is essential to receive notice of a lawsuit and to have an opportunity to defend themselves in court. However, there are some people who try to avoid being served because they do not want to be involved in a court case. There are a number of reasons why someone may try to avoid being served, but the most common reason is that they do not want to go to court.

It is essential to know what happens if you don’t accept served papers, as well as what your options are if avoiding being served altogether. Once you have been served, be sure to take action immediately by reading over the papers and contacting an attorney if you have any questions. Remember, in most cases, you cannot refuse to be served. Visiting our website is one way for you to make an informed choice.

Ifama

Hi! This is Ifama. I am a student and giving my services in SEO. I have a lot of experience in digital marketing. Travelling is my hobby and I love visiting different hilly areas and doing adventures.

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