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.
The client also told us that Mr. Smith was rarely at home. We attempted service late Saturday morning and again that afternoon. We decided to talk to the neighbors, our “secret weapon.”
Several neighbors told us the same thing, if he is home he parks on the curb then moves his car into the garage about 10 p.m. We attempted service again around 7 p.m. on Sunday. He was home, truck parked on the curb in front of the house just as we were told. I knocked on the door, heard movement but no answer. We decided to park down the street and wait for him to come out. Before we left the house I placed the papers underneath the driver’s side windshield wiper. Guess what, at 9:59 p.m. the garage door opened, Forrest came half way down the driveway and looked both ways. He saw our car and ran towards the garage. As we drove towards the house I shouted “Run Forrest Run.” Forrest stopped and faced us, like a deer in the headlights. As we drove by we served him by refusal.