What if the defendant or witness refuses service?
Every court has its own set of rules for the procedures surrounding due process. These rules of procedure have a hierarchy of alternative methods to accomplish the fundamental goal of service of process; which is to ensure that the parties involved in the litigation receive appropriate notification that they have been named in a lawsuit and have time to seek counsel. A person being served (when appropriately identified) does not need to physically accept the service papers to meet legal service obligations. Often, service is accomplished by giving the documents to a co-habitant of the target individual who is over the age of 15. Furthermore, provided other methods of service have been unsuccessful the individual’s employer may be served the papers. Each state, as well as courts within a given state has their own rules pertaining to service of process. Be certain you use a professional process server who is familiar with the rules pertaining to your case or you jeopardize the service be