Asked in RepossessionWeb HostingBankruptcy LawWarrants
Can a warrent be issued for your arrest if a process server cannot find you?
June 02, 2007 8:32AM
OOPS I think I misunderstood the Q when answering below: You
mean someone is taking a civil action against you and wants to
serve you papers, they can't so can that become criminal where a
warrent can be issued. Probably not. Avoiding process, if proven,
is an action the court may act on and give a warrent...but it very
hard to prove and uncommon. However, there are a number of ways you
can be served without the process server actually putting the
papers in your hand. For many things that includes publication, or
even having a certified mail letter, sent to a good address as on
record as a legal one for some matter like liscence, business,
etc., rejected 3 times. Then not showing loses the case or can be
actionable. Just consider that the whole system of courts and
justice we use are made with controls and powers to assure they can
do the job....and not simply be avoided by someone who doesn't want
to participate or be sued. Virtually no one does! Simply be able to
duck process, especially with the help of friends and family, and
avoid having to answer problems would make the sytsem entirely
fail, people take thinggs in their own hands, and act as if there
are no consequences. That wouldn't stand for a minute. The issuing
of the warrent and the serving it are 2 different things. You can
absolutely have a warrent issued for you for many reasons, most
notably, failing to show up when the court wanted you to.
While attempts to enforce it may be made, succesfully or not, that doesn't mean it isn't active, and just waiting to find you. First, don't underestimate the success of enforcers to find you...thats what they do...it's a fair guess that an overwhelming percentage of the people they find don't want to be found. People harboring you are doing something wrong, or someone may just want to "get even", or get a benefit for the information.
Then of course, you can get found through many other ways...stopped for a ticket, ID check because your at the wrong place at the right time, any minor problem becomes a real possibility of setting off alarms and eing brought in on an outstanding warrent. Many, many others. Traced through work records. Trying to collect a benefit from the State you had coming...any number of ways. Computers are fierce....and getting fiercer! Try flying/trveling under an alias...which is tuff, because if you use your own name, well they're starting to check that too.