How to Avoid Being Served Court Papers or Notices

Doing your research

Research your State rules of civil procedure. Alternatively, research the Federal Rules of Civil Procedure if a Federal matter. Do your homework so that you know what you're up against. Whatever document you're supposed to receive, you might get lucky and the court may only require personal service (meaning you, and only you, can be served). Or, the server might be only required to post it to your door. Most papers require only what those in the industry call sub-service. This means that whoever answers the door is presumed in charge of your residence and can be served on your behalf. Even if they're uncooperative, the server can serve then as a John/Jane Doe and put a description in his/her affidavit or Return of Service.

Keep in mind that you can be served at your place of employment. When sub-service is allowed, they can either serve the front desk person or someone in charge of the location.

Be aware that if service by posting on door is allowed, you cannot avoid being served. In a very few cases, this is valid service. Check the rules in your State.

Be aware that it can be illegal to lie to a law enforcement officer or to obstruct justice. Do so at your own risk.

Where only personal service is allowed

Follow these steps if only personal service is allowed.

Don't answer your door to anybody. Also instruct family, roommates, and kids not to answer the door to strangers.

Instruct the roommates/family to tell the Process Server/Sheriff that the person they're after no longer lives there. This may stop them from coming back. They will usually then write it off as a "non-service" on their proof of service. Whatever you decide to tell them, make sure your stories are consistent. If you have visitors, instruct them to call you while they're en route and call when they're at your door. If they're old school and don't have a cell phone or cell coverage is spotty or non-existent, tell them to knock a certain number of times.

Be aware of your surroundings. If you see a suspicious person/vehicle, do not even open your door.

Tell your workplace. When at work, instruct bosses, coworkers, and front desk personnel to tell anyone asking for you that you are unavailable and leave it at that. Also instruct them not to answer any questions but have them just tell the server that they don't know what your schedule is. Of course, this may affect your reputation at work, depending on your role, position and relationship to others at work. That's something you need to consider.