Getting served legal papers is rarely a welcome moment. Many people wonder: Can you refuse to be served papers? The answer is one of the most common—and misunderstood—topics in civil litigation.
If you live in Maryland, Washington D.C., or Virginia, you cannot legally avoid legal responsibility by refusing service. In fact, trying to dodge or decline service may trigger alternate legal procedures that still complete the process—and potentially harm your legal standing.
This blog explains exactly what happens when you refuse to be served, how process servers are trained to handle avoidance, and why cooperation is often the best option to protect your rights.
What Does It Mean to Be Served Papers?
Service of process is a required step in most legal cases. It ensures that you’ve been properly notified of legal action against you and have an opportunity to respond. Documents typically served include:
- Summonses and complaints
- Subpoenas
- Divorce petitions
- Eviction notices
- Small claims documents
- Protection or restraining orders
The person delivering these documents is called a process server. If you’re unfamiliar with the role, check out What Is a Process Server? to understand how they operate.
Can You Refuse to Be Served Papers?
You can refuse to physically accept papers—but that doesn’t stop the legal process.
In all three jurisdictions—Maryland, D.C., and Virginia—courts allow process servers to complete service even if the recipient refuses to take the documents. Depending on the situation, process servers may legally “drop serve” papers near you, deliver to another adult at your residence, or get court approval for alternate methods.
What Happens If You Refuse to Be Served?
Trying to avoid service might feel like buying time—but here’s what actually happens:
1. Alternate Delivery Methods Are Used
Process servers are trained to deal with refusal and evasive behavior. If you won’t take the papers, they can leave them nearby, deliver to someone else in your household, or—if approved—serve you by mail or publication.
2. You May Face a Default Judgment
Once you’ve been legally served (even indirectly), failing to respond may result in a default judgment—meaning the court can rule against you without hearing your side.
3. You Lose Control Over the Case
Refusing service delays your ability to defend yourself. You might miss deadlines, hearings, or opportunities to settle.
State-by-State Breakdown
Maryland: Refusal Doesn’t Stop Valid Service
In Maryland, if you refuse service but your identity is confirmed, a process server may drop the documents near you and still complete service legally. Learn more in our post on Process Server Trespassing Laws in Maryland, which outlines what servers can—and can’t—do when delivering papers.
Washington D.C.: Substituted Service Is Allowed
If you avoid or refuse service in D.C., the server can legally leave the papers with another adult at your home, or use alternate methods such as mailing the documents—especially if evasive behavior is documented.
Virginia: Courts Allow Publication if Necessary
Virginia courts may allow service by publication—placing a legal notice in a newspaper—if the recipient is actively avoiding service. Substituted service is also legal for adults in the same residence.
Can Someone Else Accept Papers for You?
Yes—substituted service laws allow another adult in your household to accept papers on your behalf. In many cases, process servers will deliver documents to:
- A spouse
- Roommate
- Adult child
- Co-resident of suitable age and discretion
This is a valid form of service and counts as being officially served.
What If You Never See the Papers?
Even if you never physically touch the documents, you can still be considered legally served. Process servers document delivery with affidavits, notes, photos, or witness statements. As long as proper steps were followed, the court will move forward.
Consequences of Refusing to Be Served
Here’s what can happen when you try to avoid or refuse service:
- Legal delays and fees
- Court proceeds without your defense
- Default judgment entered against you
- Loss of legal rights or property
- Publication of your case in local newspapers
In short: refusing service won’t make your legal problems disappear. It only makes them harder to manage.
Can You Be Forced to Accept Papers?
No one can physically force you to take papers. But once the process server verifies your identity, they don’t need you to accept them. In most states, including those we serve, simply dropping the papers nearby or leaving them with a household member is sufficient.
Best Practices If You’re Being Served
If you’re approached by a process server, here’s what you should do:
1. Stay Calm and Accept the Documents
This ensures you know exactly what you’re being sued for—and gives you time to act.
2. Consult an Attorney Immediately
Legal representation can help you understand the claim, deadlines, and how to respond.
3. Read the Papers Carefully
Check the court dates, what’s being asked of you, and how long you have to reply.
4. Respond on Time
Don’t wait. Failing to respond can forfeit your right to a defense.
Frequently Asked Questions
You can refuse to physically accept them, but it won’t stop the legal process. Once your identity is confirmed, service can still be legally completed through alternative methods.
Process servers may attempt delivery at another time, leave the documents with someone else at your residence, or document your refusal and request court approval for alternate service.
Yes. If an adult of suitable age and discretion resides at your home, they can be served in your place under most state laws, including Maryland, D.C., and Virginia.
Yes. If the process server confirms your identity and follows proper procedure, you may be legally served even if you decline to accept the documents directly.
You may miss critical court deadlines, and the court can issue a default judgment against you—meaning the case could be decided without your input.
After service, the process server files a sworn affidavit of service with the court. You can request a copy from the court or the law firm handling the case.
Hire an experienced process server. At Freestate Investigations, we use legal tactics—including surveillance, skip tracing, and court-approved alternative service—to get the job done.
Yes. Our servers document every attempt, including dates, times, photos, and witness logs. This evidence can be used to petition the court for alternative service approval.
Absolutely. We work with clients to coordinate discreet, strategic delivery times—whether at home, work, or elsewhere.
Review the documents immediately and consult an attorney. Respond by the stated deadline to protect your rights and avoid a default judgment.
Need Reliable Process Serving? We’re Here to Help.
Whether you need legal papers delivered—or you’re unsure if you’ve been properly served—Freestate Investigations has the answers. Our experienced process servers operate throughout Maryland, D.C., and Virginia, and we’re familiar with every angle of lawful delivery—even in tough cases involving evasive individuals.
Explore our full range of Legal Process Services Near You or contact us directly for professional support.
Avoid delays. Avoid default judgments. Contact Freestate Investigations today to serve or understand your legal papers with confidence.