Sometimes serving legal documents is straightforward.

Other times, the person being served appears to make every effort not to be found.

They may refuse to answer the door, change their routine, avoid known addresses or appear to be home without responding to an attendance.

That can be frustrating, but avoiding a process server does not automatically mean someone can prevent service indefinitely.

There are a number of practical steps that may help establish where a person is, whether they still live at an address and what the most appropriate next step should be.

What Does "Avoiding Service" Actually Mean?

It is important not to assume that every unanswered door means someone is deliberately avoiding service.

People work unusual hours, travel, stay with family, spend time away from home or simply do not hear the door.

A single unsuccessful attendance usually tells us very little.

Possible signs that someone may be avoiding service can include:

  • Repeatedly refusing to answer despite signs that someone is home
  • Leaving or entering a property immediately before or after an attendance
  • Family members or occupants refusing to provide basic information
  • A pattern of being unavailable at times they would normally be expected home
  • Repeated changes in routine
  • Information suggesting they know service is being attempted
  • Avoiding a known workplace or other regular location

Even then, the purpose of a process server is to record facts rather than make unsupported assumptions.

Different Times and Different Days Can Make a Big Difference

If an initial attendance is unsuccessful, one of the simplest options is to try again at a different time.

A person who is not home during business hours may regularly be home in the evening.

Someone who works nights may be easier to locate during the day.

Weekend attendances can also be useful in some circumstances.

The best approach depends on the information available and the nature of the address.

Rather than repeatedly attending at exactly the same time, strategically varying attendance times can improve the chances of locating the recipient.

Field Observations Can Provide Useful Information

An unsuccessful attendance can still produce valuable information.

A process server may be able to note things such as:

  • Whether the property appears occupied
  • Vehicles present at the address
  • Names visible on a mailbox or intercom
  • Information provided by another occupant
  • Whether the address appears vacant
  • Whether neighbours or nearby businesses can provide useful information
  • Signs that the person may have moved
  • Access restrictions or security issues
  • Other relevant observations from the location

The purpose is not to intrude unnecessarily into someone's private life.

It is to establish whether the address is still useful and whether another attendance is likely to succeed.

Alternative Addresses May Be Worth Trying

If the person is not being located at the original address, other known locations may become relevant.

Depending on the matter and the instructions provided, these might include:

  • A workplace
  • A previous residential address
  • A partner or family address
  • A business address
  • Another location the person is known to attend regularly

Any alternative address should be based on reliable information rather than guesswork.

If a client already has additional addresses or useful background information, providing that information early can save time and unnecessary attendances.

Address Enquiries and Skip Tracing

Sometimes the original address is simply no longer current.

In those situations, additional enquiries may be appropriate.

A skip trace or address search can assist in identifying updated contact or location information, depending on the information available and the lawful sources that can be used.

This may be particularly useful where:

  • The property appears vacant
  • Other occupants say the person has moved
  • Mail is accumulating
  • The person is no longer associated with the address
  • Several properly timed attendances have been unsuccessful
  • There is other information suggesting the address is outdated

Finding a better address can be more effective than continuing to attend a location that is no longer relevant.

What If They Refuse to Take the Documents?

Refusing to cooperate does not necessarily mean service cannot occur.

The exact requirements depend on the type of documents being served, the relevant court rules and the circumstances of the service.

A recipient generally cannot make a service attempt disappear simply by refusing to engage with the process server.

However, a process server must still follow the applicable service requirements.

They cannot simply choose an alternative method because it is more convenient.

Can the Documents Just Be Left at the Door?

Not necessarily.

Whether documents can be left, posted, handed to another person or served by some other method depends on the applicable rules and any orders made by the court.

For some documents, personal service is required.

For others, different methods of service may be permitted.

A process server should not simply leave documents somewhere and claim valid service unless the relevant rules allow that method.

If ordinary service cannot be achieved, the client may need legal advice about the next step.

Substituted Service

Where reasonable attempts to serve someone have been unsuccessful, it may sometimes be possible to apply to the court for an order allowing service by another method.

This is commonly referred to as substituted service.

Depending on the circumstances, a court may consider allowing service through another method that is likely to bring the documents to the person's attention.

That could potentially involve methods such as:

  • Email
  • Social media or electronic messaging
  • Service on another person
  • Delivery to another address
  • Another method approved by the court

The process server does not decide whether substituted service is allowed.

That is a matter for the court, and clients should obtain legal advice about whether an application is appropriate.

A detailed record of previous service attempts can be very important when supporting that application.

Why Good Records Matter

This is where properly documenting unsuccessful attempts becomes especially important.

Each attendance should create a clear record of what happened.

Through EDS ServeTrack, our field attendances can include:

  • Date of attendance
  • Time of attendance
  • Logged GPS location
  • Address attended
  • Outcome of the attempt
  • Detailed field notes
  • Relevant observations
  • Supporting photographs where appropriate

If several attempts are required, those records create a clear history of what has already been done.

That information can help the client decide whether further attempts are worthwhile or whether another approach should be considered.

Clients Are Kept Updated Along the Way

If someone is proving difficult to locate, the last thing a client needs is silence from the process server.

We aim to keep clients informed as the matter progresses.

You do not need an EDS ServeTrack portal account to benefit from this.

Regular and one-off clients can continue instructing us normally and receive progress updates as attendances occur and new information becomes available.

Approved account clients can also use the EDS ServeTrack portal to follow active matters and keep multiple instructions organised in one place.

When Should Further Attempts Stop?

There comes a point where repeatedly attending the same address may no longer be the best use of time or money.

That decision depends on factors such as:

  • What has happened during previous attempts
  • Whether there are still signs the person resides at the address
  • The urgency of the matter
  • Court deadlines
  • Alternative addresses available
  • The likelihood of success
  • The cost of further attempts
  • Whether substituted service or further enquiries may be more appropriate

Good process serving is not about endlessly knocking on the same door.

It is about gathering information, adjusting the approach and giving the client enough information to make an informed decision about what happens next.

Information From the Client Can Make a Big Difference

If you believe the person may try to avoid service, tell us as much as you reasonably can when providing your instructions.

Useful information may include:

  • Recent photograph
  • Vehicle make, model and registration
  • Workplace
  • Typical working hours
  • Known routines
  • Alternative addresses
  • Phone number
  • Email address
  • Family or household information relevant to locating them
  • Known travel patterns
  • Previous failed attempts
  • Safety concerns
  • Any information suggesting they are already aware of the proceedings

Even a small detail can sometimes make the difference between another unsuccessful attendance and a successful service.

Avoidance Does Not Mean the Process Stops

A person may be able to make service more difficult, but that does not necessarily mean the matter comes to an end.

The important thing is to use a sensible, documented approach.

That may involve strategically timed attendances, alternative addresses, further enquiries or, where appropriate, an application to the court for another method of service.

At Elite Document Services, we focus on creating a clear record of each attempt, keeping our clients informed and adapting the approach as new information becomes available.

Better information leads to better decisions — and often, better results.

Need Help Serving Someone Who Is Difficult to Locate?

Elite Document Services provides professional process serving and field services throughout Perth, the wider metropolitan area and regional Western Australia, with national and international service available through our agent network.

If you are dealing with a difficult service matter, send us the documents and as much information as you have about the recipient.

We can review the instruction, attempt service and keep you informed as the matter progresses.

*This article provides general information only. Service requirements vary depending on the documents, court and jurisdiction. Where you are unsure about the legal requirements for service, you should obtain legal advice.*