(Service) Dodgers

I have gotten various questions from folks I talk to (that aren’t also attorneys) about what is the most annoying/irritating part of being a solo practitioner, or someone that owns and runs their own firm. I normally like to talk about the perks: getting to decide my own work load, my own hours, who I take on as a client (this could be a blog post all its own, but there is a reason I do not charge for initial 30 minute consultations - I have to decide on whether or not I want to take on a specific client, and sometimes they are not worth it), and being able to run home and play with my dogs in between calls. There are, however, some things that could be better. When asked the question about what annoys me, I talk about the things that I can’t really control: how slow and clunky the e-filing system is, having to do math when working out damages or child support or a property settlement (if you are considering law school, just know YOU WILL have to do some math; if someone tells you that you don’t, they should be considered suspect), or doing my own bookkeeping for my practice (again, the math). There is a new contender for the most annoying spot though….

Service dodgers. Let me explain. If you do not practice litigation, you may not know the ins and outs of service. Basically, if you are going to bring a lawsuit against someone that will take their money, their freedom, or their time (or a combination of all these), they have to be properly served. This means that they need to be notified of the lawsuit by being handed the papers. This can be done here in Texas by a constable or a private process server, among other options. It’s never a good idea for someone to serve the person they are suing with papers themselves - that isn’t safe, and there can be problems down the road with the question of whether the person being sued was actually informed officially of the suit. Usually, after the defendant/respondent (the person being sued) is informed via being given their papers, the person that served them files a paper with the courts certifying that the defendant/respondent has been served and now the clock is ticking for that defendant/respondent to file an answer with the courts. That too is a whole other post.

I have been seeing a number of defendants/respondents lately that have figured out, through a number of ways, that they are being sued, and they become super crafty. They suddenly are never home, or not in their office, or just stopped going to the gym or to church or to the grocery store. Are they just breaking out of all of their routines, or do they not want to be sued, and they think that if they can’t be caught, then they can’t be sued? You can delay, but you cannot avoid a lawsuit by dodging service. If it doesn’t work (and I will tell you, I get annoyed and crafty myself when this happens), there are still ways to make a lawsuit happen, including service by publication. Dodging a process server just delays the inevitable, and gets someone a spot on my irritation list. Being informed is the best way to move forward, and facing the music can be scary, but just avoiding the process server is the equivalent of sticking your head in the sand- you eventually have to come up for air.