Process serving is the act of delivering legal documents to the person they are meant for. This could be anything from divorce papers to eviction notices or witness summonses. The court requires proof that the documents have been served properly, because without it a case may not be able to move forward.
However, not everyone is willing to accept these papers. Some people try to hide to avoid being served, while others may react with aggression when approached. This is where the skillset of a professional private investigator (PI) is especially valuable.
Let’s take you through what happens when someone decides they don’t want to be served – and potentially acts out because of that. And then if you need the help of a process server to deal with a potentially evasive or aggressive respondent, we’ll explain how we can help.
Understanding the Challenges of Process Serving
On the surface, process serving might sound simple: find the person, hand them the documents, write up a report and move on. In reality, it can be much more complicated.
Some respondents will deliberately avoid service, hoping that if they are never officially notified, the case will stall.
Others may react emotionally, becoming hostile or even threatening when confronted with legal paperwork. Both situations create challenges that require training, patience, and professionalism.
Why Private Investigators Make Effective Process Servers
Private investigators bring a unique skillset to process serving. They are trained to locate hard-to-find individuals, gather information discreetly, and approach situations with caution. These are the very qualities that make a PI an excellent process server.
Unlike someone with no investigative background, a PI knows how to spot patterns in behaviour, assess risk, and adapt their approach depending on how the respondent reacts.
Their experience with surveillance and evidence-gathering means they are also able to keep accurate records of their attempts, which can be vital in court.
Spotting Signs of Evasion Early
Evasive respondents may ignore the doorbell, change their routine suddenly, or have family and neighbours claim they are “not in” when they actually are.
A PI will notice these signs quickly. Using tried-and-tested tracing methods, such as checking addresses, workplaces, or regular haunts, they can confirm whether the person is deliberately avoiding service. Gathering this intelligence before attempting delivery increases the chance of success and reduces wasted time.
Techniques for Serving Evasive Respondents
Serving someone who does not want to be found requires persistence and creativity. Some of the common techniques used include:
- Surveillance: Watching a location discreetly to learn when the person comes and goes.
- Varying the timing: Attempting service early in the morning, late at night, or at weekends when the person least expects it.
- Approaching different locations: Instead of only trying at the home address, a PI may serve at a workplace or another known location, whether it’s big cities such as Liverpool or a smaller town such as Blackburn.
- Pretexting (within the law): Using a reasonable cover story to get close enough to confirm someone’s presence without alarming them.
All of these methods must be carefully documented so that the court has a clear record of what was done to effect service.
Dealing with Aggressive Respondents Safely
Aggression is another challenge process servers face. While most people remain calm, there are times when a respondent becomes confrontational. This might include raised voices, threats, or even physical intimidation.
Private investigators are trained to spot the warning signs of aggression and manage these situations without escalating them. Some of the techniques include:
- Keeping a safe distance and using calm, non-threatening language.
- Planning exit routes in advance in case the situation turns dangerous.
- Knowing when to withdraw and try again another time rather than risk harm.
Above all, safety comes first. The goal is to serve the papers legally, not to win an argument or place anyone in danger.
The Legal and Ethical Boundaries in the UK
It is important to stress that process servers must always act within the law. In the UK, that means no trespassing, no impersonating officials, and no using force or intimidation. Professionalism is key.
If a server cuts corners or acts outside the law, not only could the service be challenged in court, but the whole case could be damaged.
Using a trained PI gives clients reassurance that the rules will be followed correctly and ethically.
Recording and Reporting Attempts
Each attempt at service should be written down in detail. This usually takes the form of an affidavit or statement of service, which sets out when and how the attempts were made.
For example, if a respondent refused to open the door but was clearly seen through a window, the PI will record this.
If they visited at 7am on a Tuesday and again at 8pm on a Thursday, both attempts will be noted. This level of detail gives solicitors and the courts confidence that every reasonable effort has been made.
When Service Is Not Possible
Sometimes, despite every effort, personal service is not possible. In such cases, the court can approve alternative methods, known as substituted service.
This might include posting the documents through the letterbox, sending them by email, or even serving them on another adult at the same address.
A PI can provide evidence to the solicitor showing why these steps are necessary, helping the court to grant permission.
The Value of Using a Professional PI as a Process Server
For solicitors, businesses, and private clients, hiring a PI to carry out process serving offers real advantages:
- Efficiency: Faster results due to the PI’s persistence and investigative skills.
- Reduced risk: Trained professionals know how to handle aggression and avoid escalation.
- Stronger evidence: Detailed records and sworn statements help cases proceed smoothly.
By using a PI, clients avoid the frustration and potential delays that come with evasive or hostile respondents.
In Summary
Process serving is a vital part of the legal process, but it is rarely straightforward. When respondents are evasive or aggressive, the task becomes even more challenging.
Private investigators have the right combination of investigative skills, conflict management experience, and professionalism to ensure documents are served correctly and safely.
If you need reliable process serving carried out by experienced professionals, working with a PI can make all the difference. Give our team a call on 01772 334700 if you need help with process serving or any other private investigation services.