What should a process server do if a defendant refuses to accept the documents?

When a defendant refuses to accept legal documents, the appropriate course of action for a process server is to document the refusal and seek alternate methods of serving the documents. This approach ensures that the process server maintains a record of the attempted service, which can be critical if legal questions arise later regarding whether the defendant was properly notified of the proceedings.

Documenting the refusal includes noting the date, time, location, and any relevant comments from the defendant about their refusal to accept the documents. This information can be vital for legal records and may support the process server's credibility if the case proceeds to court.

After documenting the event, the process server can then explore alternate methods of service, which might include serving the documents by mail, asking someone else to attempt the service, or seeking permission from the court for a different service method if necessary.

This method aligns with legal protocols and best practices, ensuring that due process is followed while still allowing for the possibility of successfully serving the documents in compliance with the law.