If someone is taking you to court because they believe you owe them money, you probably would like to avoid the entire situation. Unfortunately, that is not possible. No matter how many times you duck and dodge a process server attempting to deliver the court summons and complaint to you, you will still end up being served. How? When a defendant avoids service to stall a court case, the plaintiff can request service by substitution or publication. If allowed, this means that someone other than the defendant can be served the court documents or that a notification about the pending service may be published in the local newspaper. Once the terms of the alternative service have been met, the defendant will be required to appear in court on the scheduled date or face the consequences. Some of the most common potential consequences for avoiding a process server include:
Default Judgment
If a court deems that you were properly served, whether it be in person, by substitution, or by publication, you are required to appear in court on the date scheduled to handle the case. If you do not, the judge can issue what is known as a default judgment. A default judgment for the plaintiff will basically give them everything they are asking for without any input from you at all. This can cost you thousands of dollars in fines, damages, and restitution. You may even end up having to pay the plaintiff’s court fees!
Extra Fees
When you avoid the process server, it can cause the entire case to be delayed. These delays cost the court system time and resources that could have been used for other matters. All of these extra costs and the resulting fees can be charged to the defendant if it is found that they are intentionally avoiding service to stall the case.
Criminal Charges
Some judges dislike people who avoid service of process and delay court proceedings so much that they actually file criminal contempt of court charges against them! This can land you in jail, paying a hefty fine, or both. Plus the charges will stay on your record indefinitely, potentially costing you opportunities in the future.
Intangible Damages
Some of the expenses related to avoiding a process server can be easily totaled, but others are less about money and more about your image. When you avoid a process server enough that they start contacting your friends and family, publish information about your case in the newspaper, or even contact your job, irreparable damage has been done. That tarnishing of your image in your personal and professional circles can jeopardize social relationships, limit business partnerships, and cast a shadow over your life that never fully goes away.
Process Servers in Denver
Here at Accurate Serve® of Denver, we handle all types of service of process needs, including hard-to-find defendants. For the best team of process servers in Colorado, call (303) 501-7121 or send us a work request online.
