We were hired to serve some divorce papers. It was explained to us that
Forrest Smith was avoiding service and that her former process server was having
trouble serving him. In fact the client told us this tale.
After several failed
attempts to serve Mr. Smith, the client hired a private investigator to help
Josie Average (process server) find Mr. Smith and get him served. The PI did his
job, he found Mr. Smith and followed him to a local night club.
Once inside he
called Josie to come serve him. Josie showed up and approached Mr. Smith, papers
in hand. Mr. Smith recognized Josie as she approached and darted into the men's
restroom. A few minutes later Mr. Smith ran emerged from the bathroom and took
off running. Josie could not keep up with him therefore he was not served. When
questioned by the client "why she did not go into the men's room and serve him?"
Josie replied " I did not feel comfortable going in there." What Josie should have done was serve him by refusal.