What happens if the person cannot be found for service?

If a person cannot be located, the court may approve alternative service methods like posting at the last known address, service by publication, or certified mail after the process server shows due diligence.

What is considered due diligence in process serving?

Due diligence refers to making reasonable and repeated attempts to serve legal papers, including visiting the address multiple times, attempting different times of day, and using skip tracing methods.

Is avoiding a process server illegal?

Avoiding a process server is not illegal, but it can lead to court-approved alternative service. Intentionally avoiding service doesn't prevent the case from moving forward.

Can someone refuse to be served court papers?

Someone can refuse to take the documents, but if the process server properly identifies the person and informs them of the service, it may still be considered valid.

What methods are used to serve an evasive person?

Methods include stakeouts, background checks, contacting known associates, using skip tracing software, and requesting court-approved alternative service methods.

Can a process server leave papers at someone's door?

In some jurisdictions, leaving papers at the door may be allowed only if the court grants substitute service. Otherwise, personal or substituted service to a responsible individual is required.

What is substitute service in process serving?

Substitute service involves leaving legal documents with another responsible adult at the defendant’s home or workplace, or as directed by the court when personal service fails.

How long will a process server try to serve someone?

A process server typically makes 3 to 5 attempts over several days. After repeated failed attempts, they may request alternative service from the court.

What is service by publication?

Service by publication involves publishing the notice of legal action in a local newspaper when the defendant cannot be located. This is only done with court approval.

Can I still win a case if the person avoids service?

Yes. As long as the court is satisfied that reasonable attempts were made, it may allow alternative service. This lets the legal process move forward even without personal service.

What if the Person Cannot Be Found or Is Evasive? (Legal Steps to Handle an Evasive Person)

When it comes to delivering legal documents, one of the most frustrating scenarios is dealing with an evasive person—someone who actively avoids being served. Whether it’s a defendant in a civil lawsuit, an individual involved in a divorce, or someone facing eviction, process servers often encounter people who dodge calls, hide behind closed doors, or relocate to avoid the legal system.

So, what happens when a person cannot be found or is purposefully evasive? Fortunately, the law provides several legal remedies and strategies to ensure that justice isn’t obstructed by avoidance.

What if the person cannot be found or is evasive?

If a person cannot be found or is evasive, a process server must prove due diligence by documenting multiple attempts to serve. Then, they can request substitute service, such as posting, publication, or mailing. Courts may approve alternate methods to legally proceed.

What Is an Evasive Person in Legal Terms?

An evasive person is someone who deliberately takes steps to avoid being served with court papers. This may include:

Changing their work schedule
Not answering the door
Hiding vehicles
Having friends or family lie about their whereabouts
Moving without providing a forwarding address

Process servers are trained to recognize and document these evasive behaviors as part of a due diligence effort.

Why People Try to Avoid Process Servers

Some people fear the consequences of being served, whether it’s for unpaid debts, divorce papers, child support, or lawsuits. Others mistakenly believe that avoiding service will delay or prevent the legal process. However, the truth is quite the opposite—avoiding service can make matters worse by prompting courts to authorize more aggressive legal methods.

Evasive person hiding — © Houston Process Servers LLC. All rights reserved

Legal Solutions When Someone Cannot Be Found

If someone is intentionally avoiding service, the courts provide a few alternative paths:

1. Substitute Service

When personal service fails, your process server may file a motion to request substitute service. This means the legal documents can be:

Left with someone over the age of 16 at the recipient’s residence
Affixed to the front door
Sent via certified mail with return receipt
Sent to the defendant’s workplace or another known address

The court must approve substitute service before it is used, and the process server must show evidence of multiple attempts and due diligence.

2. Service by Publication

If the individual still cannot be found, service by publication may be the next legal step. This method involves publishing the notice in a local newspaper or an official court-approved legal publication.

While this method is slower and may require court permission, it fulfills the legal obligation of informing the defendant, even if they are hiding.

Refuses To Be Served. Refuse to Be Served Court Papers — © Houston Process Servers LLC. All rights reserved

3. Digital Service (Email or Social Media)

In rare cases, and with court approval, service via digital platforms may be allowed:

Facebook Messenger
Email
Text Message

To qualify for this method, you’ll need proof that the account belongs to the individual and that it is actively used. Courts remain cautious with this method, but it’s becoming more acceptable as technology evolves.

4. Service Through the Secretary of State (Texas Option)

In Texas, when a defendant cannot be located after due diligence, the Secretary of State may accept service on their behalf. This typically applies in business lawsuits or when suing out-of-state individuals who conducted business in Texas.

How Process Servers Handle Evasive People

Experienced process servers have various techniques to locate and serve even the most elusive individuals:

Skip tracing tools to locate new addresses or contact information
Stakeouts at known locations (residence or workplace)
Contacting neighbors discreetly
Documenting every attempt to build a case for alternative service

This combination of persistence and professionalism ensures that the legal system isn’t obstructed by evasiveness.

Why You Shouldn’t Delay the Legal Process

If someone is hiding or dodging service, it’s easy to feel stuck. But the worst thing you can do is wait. The law has systems in place to ensure that everyone receives fair notice, even if they don’t want it.

Letting an evasive person stall your case may jeopardize your legal position. Instead, work with an experienced process server who knows how to follow the proper steps and push the case forward legally.

Conclusion: You Can Serve Someone Who Is Evasive

Avoiding a process server doesn’t mean the legal process stops. In fact, it sets in motion alternative methods that are just as legally binding. Whether it’s substitute service, publication, or service via the Secretary of State, the law ensures that no one can simply disappear to avoid accountability.

If you’re trying to serve someone who’s playing hide and seek with the justice system, our team at Houston Process Servers can help. We’re trained in legal tactics, locate service, and documentation, and we won’t stop until the job is done ethically and legally.