I am trying to serve the defendant through a licensed process server but having no luck. I feel that the party is intentionally avoiding service by not answering the door at residence, and the defendant works in a secured building, so serving at work might not be possible. Question: Can I email the defendant and ask the name of their attorney that is retained (I was told in email by the defendant, that an attorney was retained by them, but the name of the lawyer was not shared with me.) I was wondering if I were to email the defendant and nicely ask this question (the name of their lawyer) so I could serve defendant though their retained lawyer, if I would blow my case. Thank you.
2 Answers from Attorneys
You may want to try serving by publication.
This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.
Your licensed process server should try serving them at work. Security staff allow registered process servers to serve documents, just the same as gate guards do in gated communities. Your process server should know this.
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