Can an employer escort a process server to your desk if you are refusing to come to the front office?

Asked over 1 year ago - Kansas City, MO

Does a company have to call employee to front office if process server shows and if the employee refuses to come to office can the office personnel bring process server to your desk?

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    4

    Lawyers agree

    Answered . The employer can or need not cooperate with the process server. Different businesses handle this differently.

  2. C. Curran Coulter

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . The company may choose how they wish to handle the situation. They may choose not to have an employee come to the front desk and not allow the process server into their back area if they would like.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.

  3. Robert M Lorey

    Contributor Level 12

    2

    Lawyers agree

    Answered . There are significant missing facts here that will likely determine the answer to your question. The underlying issue is why are you trying to avoid being served? In answer to your query, the employer can pretty much do what they want with respect to escorting visitors around their own premises. If the process server makes it clear that they know you work there the employer probably didn't want to deal with the guy showing up every day while you duck service. They cut through the b.s. and solved their problem (i.e.: process server will not bug them anymore). Why you created a problem for your employer in the first place goes back to the underlying issue of why you are trying to avoid being served.

    Many jurisdictions allow for substituted service (taping or nailing the papers to your home's front door) or publication (a newspaper ad informing you of the lawsuit), especially if they have genuinely tried to serve you and have failed. Ducking service is not a defense to a lawsuit, nor is it a valid long-term strategy. Get an attorney and face the suit -- this will be cheaper, easier and less hassle than trying to play games with service of process.

    www.integrityoregon.com

    Good luck!

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