How Does a Process Server Manage When a Recipient Tries to Run?

Amaro Hesen • February 15, 2024

Florida process servers have one main job: to ensure the delivery of legal documents to relevant parties. But those legal documents often come with unpleasant news, such as notice of legal action against the served party. As a result, it isn’t uncommon for a recipient to try to avoid or outright decline the delivery from the process server. 

But is it possible for a recipient to evade the delivery? A qualified company that provides process server service understands how to manage sneaky recipients.



How Do Process Servers Ensure Delivery? 


Delivering legal documents is a serious process that necessitates proof of delivery. The proof is a legal requirement. You don’t want to serve a lawsuit on someone only to find out months later that the lawsuit documents never reached the person. As a result, Florida law (like many other states) dictates the delivery of legal documents through a process server. 

A Florida process server ensures the receipt of the legal documents on the served party. The preferred way to do so is through personal service of process, which involves personally handing the documents to the party in the lawsuit. 

Suppose repeated attempts at personal process delivery fail. In that case, the process server may be able to hand the documents to another person who lives in the intended recipient’s home. Other allowable procedures may include:

  • Delivering the documents to the recipient’s work address
  • Delivering the documents through certified mail 
  • Publishing notice in a local publication

However, there are many rules and regulations that apply to any alternative forms of service of process, and these must be followed to ensure proper service.


What Happens When Someone Avoids or Declines a Florida Process Server? 


If the intended recipient of legal documents knows they are being sued or facing other legal action, they may try to avoid or decline the delivery. However, legally, a person cannot outright decline service of process in Florida. 

Refusing a process of service in Florida is a class one misdemeanor. The Florida process server could contact local law enforcement to report the refusal. A class one misdemeanor may lead to consequences like:

  • Up to one year in jail
  • Up to $1,000 in fines

Sometimes, threatening this action is enough to persuade the recipient to accept the delivery. 

On occasion, a recipient responds to a process server with violence. Doing so is a third-degree felony, which can lead to consequences like:

  • Up to five years in prison
  • Up to $5,000 in fines

Professional process servers won’t hesitate to involve local law enforcement if a recipient becomes violent during a delivery attempt. 

A qualified process server will do everything possible to serve legal documents to the intended recipients. As a result, trying to avoid, decline, or refuse a process delivery could lead to additional legal consequences beyond what the initial legal paperwork details. 



Work With a Reliable Florida Process Server 


If your business is seeking to hire a process server in Florida, working with a reliable, professional process server can ensure your legal documents reach their intended recipient swiftly. Professional process servers know how to deliver documents to seemingly unreachable parties. They know the ins and outs of Florida process server laws and use them to their advantage to serve avoidant recipients. 

Professional Process Servers & Investigators, Inc. is a dependable process-serving company and private investigative agency ready to assist your business with serving legal documents. We have 30+ years of experience in this field and provide unlimited attempts per address. 


Contact Professional Process Servers & Investigators, Inc. today at 954-566-2523 or complete the online form to submit a service request.

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