Process servers play a crucial role in ensuring that individuals involved in legal cases are properly notified of legal actions against them. However, not all recipients are cooperative. Some defendants go to great lengths to avoid being served, making the job of a process server more challenging. At Accurate Serve® of Orlando, serving Orlando, Kissimmee, and Lake Mary, we are trained to handle evasive defendants efficiently while staying within the boundaries of Florida law.
Why Do Some Defendants Avoid Being Served?
There are several reasons why a defendant might attempt to evade service, including:
- Avoiding Legal Consequences – They may believe that if they aren’t served, the case cannot proceed.
- Delaying the Legal Process – Some individuals try to slow down court proceedings by making service more difficult.
- Fear of Legal Repercussions – Defendants involved in debt collection cases, eviction notices, or divorce proceedings may wish to avoid confrontation.
- Misinformation – Some people falsely believe that avoiding service will make the case go away.
Despite these attempts, process servers use strategic methods to locate and serve evasive individuals while remaining compliant with Florida’s process serving laws.
Techniques Process Servers Use to Locate Evasive Defendants
1. Skip Tracing for Hard-to-Find Individuals
When defendants intentionally hide or have moved without updating their address, skip tracing helps process servers track them down. This method involves:
- Checking public records such as property ownership, voter registration, and business filings.
- Reviewing credit applications and utility bills (where legally permissible) to find updated addresses.
- Searching social media to identify frequent locations, workplaces, or recent activities.
- Contacting known associates such as family members, employers, or neighbors to verify whereabouts.
2. Surveillance and Strategic Service Attempts
Evasive defendants often change their routines to avoid being served, but experienced process servers can anticipate their movements. Our team uses:
- Multiple service attempts at different times of the day, including early mornings, evenings, and weekends.
- Staggered visit schedules to avoid predictable patterns.
- Surveillance techniques to confirm the defendant’s presence before attempting service.
If a defendant refuses to open the door or avoids answering, our process servers document each attempt and adjust their approach accordingly.
3. Substituted Service When Personal Service Fails
If an evasive defendant cannot be personally served, Florida law allows for substituted service under certain circumstances.
- Serving a Co-Resident – According to Florida Statute §48.031(1)(a), legal documents can be left with another adult (over 15 years old) who resides at the defendant’s usual place of abode.
- Workplace Service – If permitted, process servers may attempt service at the defendant’s place of employment.
- Service by Publication – In extreme cases, when a defendant cannot be found after diligent efforts, courts may allow legal notice to be published in a local newspaper (Florida Statute §49.021).
Substituted service ensures that legal proceedings are not stalled due to a defendant’s avoidance tactics.
Ensuring Legal Compliance in Every Service Attempt
Even when dealing with evasive defendants, process servers must follow all legal procedures to ensure service is valid. This includes:
- Respecting property boundaries – Process servers cannot trespass to serve documents.
- Documenting every attempt – We provide detailed proof of service, including time-stamped records of each attempt.
- Filing affidavits of service – After successful service, we file the required documents with the court to confirm legal compliance.
Failure to follow proper legal protocols could lead to delays or challenges in court, which is why Accurate Serve® of Orlando prioritizes professionalism and adherence to Florida’s laws.
Why Choose Accurate Serve® of Orlando?
At Accurate Serve® of Orlando, serving Kissimmee, Lake Mary, and surrounding areas, we specialize in handling difficult and evasive defendants using advanced investigative techniques, strategic service attempts, and legal compliance. Our team is committed to:
- Locating and serving defendants efficiently, no matter how difficult they are to find.
- Ensuring all service attempts meet Florida’s legal standards, preventing challenges in court.
- Providing timely updates and proof of service so attorneys and clients stay informed.
Need Help Serving an Evasive Defendant in Orlando, Kissimmee, or Lake Mary?
If you’re dealing with a defendant who is avoiding service, Accurate Serve® of Orlando is here to help. Contact us today at your local office or send us a work request online to ensure your legal documents are delivered properly. We have the experience, tools, and persistence needed to serve even the most evasive defendants while keeping your case on track!
- Orlando (407) 868-5992
- Kissimmee (407) 961-7874
- Lake Mary (407) 327-8233
