Serving evasive witnesses in New Mexico can be a challenge for even the most experienced process servers. With the ever-changing laws and regulations, it is important for process servers to stay on top of the latest information and strategies. This article will look into the challenges of serving evasive witnesses in New Mexico, and provide strategies from a professional process server on how to get the job done. From understanding the different types of service to determining which methods are most effective, this article will provide insight into how to successfully serve evasive witnesses in New Mexico. For process servers in the area, this information could be invaluable in helping them complete their service in an efficient and timely manner.
Overview of Process Serving in New Mexico
The state of New Mexico has various rules and regulations regarding the service of process. However, there are two main types of process that are most relevant when serving evasive witnesses: This is the most common type of service, and can be served in two different ways – traditional service and substituted service. Traditional Service – With traditional service, the server will attempt to hand the summons and complaint to the defendant in person. This must be accomplished within a certain amount of time, or else it will not be considered valid service. Substituted Service – If the server cannot personally deliver the summons and complaint to the defendant, then substituted service can be done by many different means, such as leaving it at their residence or mailing it to them.
Challenges of Serving Evasive Witnesses in New Mexico
Serving evasive witnesses can be a challenge for many reasons, including the following: Lack of Cooperation – The witness could refuse to be served, or could try to avoid the server at all costs. This can lead to the server having to take additional steps to serve them, such as obtaining a court order or hiring a professional process server to assist with the service. Witness May Be Absent – Sometimes, the witness may be present at their residence, but they may not answer the door or provide some other type of cooperation that allows the server to complete service. Witness May Be Ill – Some witnesses may be too ill or injured to answer the door, let alone be served. Witness May Be In Jail – If a witness is incarcerated, then serving them may be even more challenging.
The Different Types of Service
As mentioned above, there are two main types of service that process servers in New Mexico should be aware of. These are: Personal Service – This is the most common type of service, and involves a server attempting to serve the witness in person. This is important because if the server does not attempt to complete service in this manner, then the server may be liable if the lawsuit is unsuccessful. If the server is able to complete personal service, then they should attempt to do so in a timely manner to avoid any issues with the lawsuit. Substituted Service – If the server is not able to complete personal service, then substituted service can be done through a few different means.
Effective Strategies for Serving Evasive Witnesses
There are many strategies that can help process servers ensure they are able to complete service on even the most evasive witnesses. Utilizing Technology – While it may not be possible to serve the witness in person, technology can be helpful in other ways. For example, a server can place a recording of the summons and complaint on the door or mailbox of the witness in order to have them hear the information. This may not be as legally effective as in-person service, but it can help expedite the process. Another option is to utilize a service, such as Amazon. When serving a witness, a server can put the summons and complaint in a box, along with a note that states: “To be opened by John Doe on (insert date).” If the witness is present when the server is serving the summons, they can ask them to sign a receipt as proof they received the package. Utilizing Neighbors or Family Members – If attempting to personally serve the witness is not feasible, then servers may want to ask if any neighbors or family members would be willing to accept the service for them. If they feel comfortable accepting the service on behalf of the witness, then the server can serve them the same way they would be served.
What to do if a Witness Refuses to be Served
If a witness refuses to be served, there are a few different options that a server can explore. Ask the Court for a Court Order – If the server is unable to complete service on their own, they can ask the court for a court order. This can be done by filing a motion and showing the court why it is necessary for them to complete service. Hire a Professional Process Server – A professional process server may be able to complete the service, even if the witness is evasive. Try Alternative Types of Service – If the server is unable to complete traditional service or obtain a court order, they can try to complete substituted service through another method. Some examples include serving the witness through their employer, putting the summons in their mailbox, or having the summons published in the newspaper.
The Importance of Knowing the Law
When serving evasive witnesses, servers may find themselves in a situation where they are unsure of what to do next. If this is the case, it is important that they understand the law and follow the correct procedure for the situation. If the server is unable to complete service, they can ask the court for an order to allow another type of service. If the server wants to attempt to serve the witness through their employer, they can ask the court for an order allowing substituted service by publication. If the server wants to serve the witness through the newspaper, they can ask the court for an order allowing substituted service by publication. It is also important for servers to keep detailed records of their attempts to serve the witness, including any dates and times they attempted to serve them. This can help them prove that they attempted to complete service in a timely manner. Keeping track of these details can help servers avoid any issues with the lawsuit, including a motion to dismiss.
Conclusion
Serving evasive witnesses can be a challenge for even the most experienced process servers. From understanding the different types of service to determining which methods are most effective, there are many things servers must keep in mind when trying to serve these witnesses. Serving evasive witnesses can be a challenge for many reasons, including the following: lack of cooperation, witness may be absent, witness may be ill, or witness may be in jail. There are two main types of service that process servers in New Mexico should be aware of: traditional service and substituted service. There are many strategies that can help process servers ensure they are able to complete service on even the most evasive witnesses. Keeping detailed records of their attempts to serve the witness is extremely important, as is understanding the law.
Helpful Resources for Process Servers and Skip Tracers in New Mexico
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 5301 Central Ave NE 3rd Fl, Albuquerque, NM 87108