Introduction:
The delivery of legal documents by a process server is an integral part of the legal process. However, individuals may wonder whether they have the right to refuse these documents. In this article, we will explore the implications of refusing documents served by a process server and provide insights into the legal consequences.
Refusing Documents Does Not Prevent Legal Proceedings:
While you have the option to refuse documents from a process server, it is essential to note that refusing them does not halt the progress of a lawsuit against you. In most cases, if you refuse to accept the documents, the process server is legally permitted to leave them in your vicinity, such as next to you or at your feet. This method is considered effective service, and whether or not you physically accept the documents, you are considered to have been served. Refusing documents does not shield you from the lawsuit proceeding.
The Role of Process Servers:
Process servers play a crucial role in ensuring the proper delivery of legal documents. They must follow provincial rules and regulations regarding the acceptable methods of service for different types of cases. For example, in a small claims lawsuit, the process server may be allowed to hand the documents to someone in the same household or business, mail them to the party’s employer, or post the claim on the door of the party’s residence. These methods are determined by specific regulations and are designed to ensure that parties are notified of legal actions against them.
Alternative Methods of Service:
If repeated attempts to serve the documents have been unsuccessful due to a party’s refusal to accept them, the party seeking to serve the documents may file a motion in court. This motion requests permission to use an alternative or substitute method of service. The court will then consider the circumstances and may allow the use of alternative methods to ensure the delivery of the documents.
Deliberate Avoidance of Service:
It is worth noting that deliberately avoiding being served after exhausting all acceptable methods of service can have legal consequences. If it can be proven that an individual has actively avoided being served, legal action may be taken against them. Such actions can result in additional complications and potential negative consequences in the legal proceedings.
Conclusion:
While you have the right to refuse documents served by a process server, it is crucial to understand that refusing them does not prevent a lawsuit from proceeding. The process server is legally allowed to leave the documents in your vicinity, and you will still be considered served. Process servers follow specific rules and regulations governing acceptable methods of service for different types of cases. If repeated attempts to serve the documents are unsuccessful, alternative methods may be sought through a court motion. Deliberate avoidance of service can lead to legal consequences. Therefore, it is advisable to seek legal advice if you have concerns regarding the service of legal documents.
If you need papers served , Trust Process Servers can help. Email us at contact@trustprocessservers.com or call (902) 812-0811.