Defendent Dodging Being Served

[audrey180]

I'm filing a Small Claims Notice for the company I work for due to a non-paying customer. I put all the paperwork through the courts, received my court date and started the process of serving the defendant. I first looked up his address with my county to make sure he was the actual owner of the address, and that he was living there.

First, I tried mailing the notice by restricted certified mail (meaning, only he can sign for the letter), but he never accepted the letter.

Then, I hired a professional process server to serve the papers. The process server is telling me that a lady has been answering the door and said that he doesn't live there and we have a bad address.

It's really frustrating because I know the defendant lives at the address and he's just dodging the papers because he knows we're suing. Is there anything I can do BESIDES asking for a new court date? What if he never appears for anyone to serve him? Are we out of luck?

 

[mightymoose]

If you are certain the person lives there you can take the time to wait outside for him/her to come/go. Catch up to the person somewhere other than the home.

 

[audrey180]

Yes, but I cannot personally serve the defendant since I'm involved in the claim. WA law says someone who is not directly involved has to deliver the papers, which is why we hired a process server. Unfortunately, the process server is not going to hang out waiting for the guy to leave his house. And even if he did, the defendant doesn't have to take the papers.

This isn't exactly the first time this guy has been sued. The company I'm using to serve him papers already has three open accounts to serve him from different parties. He's a real winner.

 

[mightymoose]

So have a friend or family member do it.

 

[JustaDad2010]

(test post)

 

[Darsha05]

Unfortunately there isn't a whole lot you can do at this moment. Be patient, allow the process to work and it will happen eventually. I am in the same line of work and have an identical situation going on. It's been months trying to have him served. We have a second court date now since he wasn't served for the first one and still nothing from the sheriff to date advising he has been served. Although he is proving slippery at the moment, eventually he will go back to work and that is where he will be served. As much as I try to "help" people avoid situations as such, sometimes they actually deserve it.

I know in my area the constables/sheriff's pull out all the stops to have people served and they prefer to serve at the workplace.