When you’re involved in a legal matter, whether as a defendant or a witness, you might be tempted to avoid the process server. You may think that by dodging them, you can avoid having to go to court, or at the very least delay the case. However, this is not the case. Avoiding a process server can lead to severe consequences, including financial penalties, legal repercussions, and damage to your reputation, to name a few. In this post, we’ll go over some of the top penalties people face when they avoid a process server in Georgia.
Default Judgment
One of the most significant risks of avoiding a process server is the potential for a default judgment. If the court determines that you are intentionally evading service, the judge may rule in favor of the plaintiff by default. This means the case will proceed without your input, and the judge will make a decision based solely on the plaintiff’s arguments and evidence. As a result, you could be ordered to pay fines, restitution, and damages as determined by the court. This outcome can be financially devastating and usually much worse than facing the case head-on.
Increased Costs
Every time a process server attempts to serve you and fails, additional fees are incurred. These costs can add up quickly, and the court may order you to pay them if it’s found that you were deliberately avoiding service. Moreover, rescheduling court dates due to evasion tactics results in increased attorney fees and court costs. These financial burdens can escalate rapidly and can also be pinned on you for causing the delays.
Contempt of Court
Avoiding a process server can also lead to charges of contempt of court. This is a serious offense that occurs when someone disrespects or disobeys the authority of the court. If the judge perceives your actions as an intentional effort to delay or disrupt the legal process, they can hold you in contempt. Penalties for contempt of court can include hefty fines and even jail time. Judges take these matters seriously, and being found in contempt can significantly worsen your legal troubles.
Reputation Damage
Beyond the legal and financial consequences, avoiding a process server can harm your personal and professional reputation. Word can spread quickly among family, friends, and colleagues that you are avoiding service, leading to questions and speculation about your situation. This can result in long-term damage to your relationships and standing within your community. If maintaining a good reputation is important to you, don’t make the mistake of avoiding the process server..
The Bottom Line
Avoiding a process server is never a good strategy. It only complicates the legal process, increases costs, and exposes you to further penalties. Instead of attempting to dodge service, it’s best to accept the documents, understand the charges or claims against you, and prepare a solid defense.
If you’re in the Atlanta area and have questions about process service, Accurate Serve® of Atlanta is here to help. Just give us a call at 404-924-4838 or email [email protected] with any questions you may have. You can also send us a work request online for assistance with having process served, along with document retrieval, skip tracing, and diligent search services.
