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What Happens If a Party is Deliberately Avoiding the Process Server?
What Happens If a Party is Deliberately Avoiding the Process Server?
If the opposing party attempts to avoid service, it is called “evading process”. The process server may photograph their efforts. If the opposing party claims improper service, the photos may be used to attempt to prove service or attempted service. Florida is what is called a “2 party state”. That means that an audio recording (video is OK, as long as there is no audio) is illegal and could get you in hot water. 2-Party-State, in the context of audio recording, means do not make audio recordings of any kind unless all people in the recording consent. Quite obviously, if the party being served evades the process server, they are not likely to consent to an audio recording!
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