What to do when someone is avoiding service
Some people do not answer the door on purpose. When that happens, the goal shifts from handing over the documents to proving, visit by visit, that a real effort was made.
Why the record matters
When personal service cannot be done, a court can be asked to allow another method, often called substituted service. The court will want evidence that reasonable attempts were made and that the other method is likely to bring the documents to the person's attention. That evidence is the record of the attempts.
What a useful attempt record contains
- The date and time of each visit, at different times of day
- Where the server was, ideally from a device and not from memory
- What was seen: lights on, a vehicle in the driveway, voices, blinds moving, mail piling up
- What anyone at the address or a neighbour said
- A photograph taken at each visit
- Any other address tried, such as a workplace
What helps the next attempt
Tell your server everything you know: the hours the person keeps, the vehicle they drive, where they work, who else lives there. A change of time or place is often all it takes.
How Sparrow handles it
Every attempt is logged at the door with its time, GPS location, a photo and the server's observations, and you see it within seconds. You decide whether another attempt goes ahead. If you stop, we commission an affidavit of attempts that sets out each visit.
Whether to ask for substituted service, and what to ask for, is a legal decision. Speak to a lawyer or a licensed paralegal about your matter.