Skip to main content

If a creditor tries to serve you papers at your home and you don't ever answer the door, what happens?

Minnesota |

If creditor tries to serve you papers at your home and you don't ever answer the door, what happens? (not in bankruptcy)

+ Read More

Attorney answers 2


The answer to your question depends on the type of papers that are trying to be served. If the creditor is trying to serve you with a summons and complaint then they just have to try to serve you twice (and one of those times must be between 6:00pm and 10:00pm) at home before being allowed to leave the summons and complaint on the door ... and that becomes effective service here in Minnesota. It might be a good idea to just accept the paperwork and ask the person delivering the papers what they are delivering to you. At least you'll know what the issue is about at that point and then can determine what, if anything, needs to be done about it.

Very best regards,
Errin P. Stowell, Esq.
Stowell Law Firm, LLC
"We are a debt relief agency. We help people file for relief under the Bankruptcy Code."


Ms. Stowell's statement that they have to try twice, and then service becomes effective is only correct if it is a housing court matter. The Rules of Civil Procedure do not contain any such provision. Service can be accomplished by delivery to the defendant, or someone at the residence who also lives there and is of suitable age and discretion. Minn RulesCiv. Proc. 4.03(a).
There is case law that says you cannot avoid service. The process server can probably leave it on the other side of the door if he knows you know he is there, e.g. talking to him through the door.
The Plaintiff can also serve you by Publication if you don't answer the door (Civil Rule 4.04).
Service by Publication in civil matters does not require a Court Order. In Juvenile or Family Law cases it does. Personal Service is similar to Rule 4.03 in Family Law cases.

Bankruptcy and debt topics

Recommended articles about Bankruptcy and debt

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer