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Risk to Defendant of Ignoring Service: Default Judgments If the defendant does not properly respond to the summons and complaint, either by ignoring it or by procrastinating on a response, then the plaintiff may get a complete and valid judgment against him/her.
Summary: A process server will try their best to serve you personally. However, if they cant find you, the court may grant an order for substituted service, and the lawsuit may proceed without you.
This lets the person(s) in the case know what you are telling the court and what you are asking court to do. If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers.
Although someone can try to avoid process servers so that they can put off court proceedings, someone cannot outright refuse service of process in Florida. Heres what you need to know about difficult-to-serve individuals.
What happens if you dont answer the door to a process server in California? The server waits until you are somewhere they can serve you, and that usually happens to your embarrassment. If the process server can see you are home, and deliberately avoiding service. he may file an affidavit that you are avoiding service.
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In Florida, process servers may need to make from 1 up to 3 service attempts before they can request to use alternative methods of service. These attempts must be made at different times of the day and on different days of the week.
If repeated attempts at serving process at a residence fail, a process server may be able to complete their duties by leaving the documents with someone else who lives at the home. Under Florida law, the person who accepts legal documents on behalf of someone else in the home must be at least 15 years of age.
If you still cant locate the defendant, you can ask the Court for permission to serve the defendant by mail. In other words, you are asking the Court to relieve you from using personal service or substitute service.

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