It is not very hard to fool a process server who the lawyers send in the place of themselves actually having to confront a defendant. The title of this post is misleading: nowhere in the article does it allude to anyone missing or hiding or dead. Nowhere.
You can do service by publication and attempt to default for a financial judgement - if - you're trying to settle for money. In the case of a criminal charge I'm not sure, you can't issue a warrant off an allegation.
If you attempt service and there is no receiving end to be found, you generally record an Affidavit of Not Found and use it in the rest of your court case, assuming you've filed with the court, and you have a real case. That often happens in divorces, for criminal charges you'd have to convince a jury or settle out of court.
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mirimar ago
It is not very hard to fool a process server who the lawyers send in the place of themselves actually having to confront a defendant. The title of this post is misleading: nowhere in the article does it allude to anyone missing or hiding or dead. Nowhere.
Gringojones ago
What happens if you keep avoiding the process server?
whisky_cat ago
You can do service by publication and attempt to default for a financial judgement - if - you're trying to settle for money. In the case of a criminal charge I'm not sure, you can't issue a warrant off an allegation.
If you attempt service and there is no receiving end to be found, you generally record an Affidavit of Not Found and use it in the rest of your court case, assuming you've filed with the court, and you have a real case. That often happens in divorces, for criminal charges you'd have to convince a jury or settle out of court.
Gringojones ago
Thanks for the info. I'm not a lawyer and it would seem almost an open ended deal. As long as you can avoid being served, you never get charged.
mirimar ago
They court may send a sheriff to serve the summons; happens frequently in NYC. They can break down your door to serve you.