Legal Question in Consumer Law in Virginia

Can a defendant refused to be served?

My husband and I have retained an attorney to sue a local business. When the sheriff served the business with the papers, they refused to accept them. Now the lawyer said we have to file through the state courts. What does this mean? How can the defendant refuse to be served? Thank you for any information you can supply.


Asked on 6/26/00, 6:16 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Can a defendant refused to be served?

The simple answer to your question is, "no". That said, I suspect your question may not be the appropriate one for the facts. The Sheriff's office is usually pretty good on knowing what the requirements are for service of process, and your attorney should have given specific instructions, anyway, on exactly whom the process should have been served. So I suspect that the problem is not that the Sheriff accepted someone's refusal to be served. I suspect that the person who needed to be served was not present. A corporation has to be served by hand-delivery of the papers to specific persons designated as registered agent, officers, or directors. Giving the papers to anyone else, whether or not an employee, is not service of process on the corporation. My guess is that you're having communication problems with your attorney, making assumptions about what you're being told rather than asking questions, and second-guessing your attorney (which is why you posted the question here). I strongly suggest you tell your attorney that you didn't understand what's going on with the service of process (and other things too, I'll bet), and you need a better explanation. It is the duty of every professional to "profess"; to be a "professor". Your physician, attorney, dentist, chiropractor, or whatever, is responsible for explaining what's going on in your case in a way you can understand. You have to let them know what you don't understand, however, and ask some questions. If you're afraid of looking like a dummy, then you take what you get.

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Answered on 9/08/00, 9:35 am


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