Serving Evasive Defendants: Strategies That Work
Some defendants do everything possible to avoid service. Learn effective tactics for serving people who hide, deny identity, refuse to answer doors, and use every evasion trick in the book.
🎯 Evasion Only Delays the Inevitable
Determined process servers, combined with skip tracing and legal alternatives, eventually achieve service on even the most evasive defendants. The question is whether you have the tools and strategies to make it happen.
Every experienced process server knows the frustration: the defendant who sees you coming and ducks inside, the family member who insists they don’t live there, the door that never opens despite obvious signs of occupancy. Service evasion is common—but it’s also beatable.
This guide covers the most common evasion tactics and effective counter-strategies. Whether you’re a process server dealing with a difficult serve or an attorney whose case is stalled, these approaches help achieve service on defendants who don’t want to be served.
📑 Table of Contents
🏃 Common Evasion Tactics and Solutions
Won’t Answer the Door
Defendant is inside—you can hear movement, see lights, their car is there—but they simply won’t open the door.
Denies Identity
“That’s not me” or “They moved away.” Someone matching the description claims to be someone else.
Runs Away
Defendant spots you approaching and literally runs or drives away, refusing to acknowledge contact.
Family Interference
Family members block access, provide false information, or actively help the defendant hide.
Lives in Secured Building
Apartment building with locked entrance, doorman, or security that won’t allow access.
Gated Community
Guard gate won’t admit you. Defendant certainly won’t authorize your entry.
💡 General Counter Strategies
Vary Your Timing Dramatically
If evening attempts fail, try early morning (6-7am before they leave for work). Try Sunday mornings. Try late at night. Catch them at unexpected times when they’re less prepared to evade.
Use Multiple Approaches
Try different entry points, different vehicles, different servers, different times. Pattern recognition works both ways—if the defendant knows what to expect, change the pattern.
Skip Trace for Additional Addresses
Many people have multiple locations: relatives’ homes, second residences, vacation properties, places where they regularly stay. A skip trace may reveal alternative service locations.
Employment Information Is Gold
Workplace service often succeeds when home service fails. People can’t hide from their employer indefinitely, and they typically have predictable work schedules. Get employment information through skip tracing.
💼 Workplace Service
💡 Why Workplace Service Works
Defendants who successfully evade home service often can’t evade at work. They have to show up. They can’t hide in a back room indefinitely. They’re often caught off-guard when served at their job. Most people find it embarrassing to be served at work—which can motivate them to accept home service instead if given the choice.
Workplace Service Best Practices
Be professional and discreet—no need to announce your purpose to coworkers. Know the company’s layout and the defendant’s work area. Consider arriving when they’re likely to be at their desk or entering/exiting. Dress appropriately for the environment.
📋 Documentation for Alternative Service
If all efforts fail, detailed documentation supports a motion for alternative service:
⚠️ Document Everything
Record each attempt: date, time, what happened, who answered (if anyone), what they said, evidence of occupancy. Include failed attempts, near-misses, and any evidence of deliberate evasion. Courts want to see genuine, diligent effort before granting alternative service.
For guidance on alternative service procedures, see our alternative service guide.
❓ Frequently Asked Questions
In most jurisdictions, yes. If you’ve properly identified the defendant and they refuse to accept, you can announce what the papers are and leave them at their feet or nearby. Document the refusal carefully. This typically constitutes valid service.
There’s no universal standard, but 4-6 attempts at varied times is typically considered diligent. Quality matters more than quantity—attempts should be at different times of day and different days of the week. Document thoroughly before requesting alternative service.
Generally yes. Following someone through a legitimately opened door or gate (tailgating) is typically legal for process servers. You’re entering through a lawfully opened passage. However, once inside, standard trespassing rules apply—you can only go where visitors would reasonably be permitted.
You can often serve at the entrance as they arrive or leave. For large corporations, you may need to go through security—explain your purpose professionally. Some workplaces have policies about accepting service on behalf of employees, though this varies.
📞 Need Help With Evasive Service?
Our skip tracing services find alternate addresses, employment information, and leads for serving evasive defendants. Make the next attempt count.
