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Written by Constable Court Services

Illegal To Willfully Avoid A Mississippi Process Server.

Crime – Resisting Services of Process

If you’re a resident of the great State of Mississippi the law has dealt you an unfortunate blow, because it is now illegal to avoid service of process by a deputy of any person authorized to serve court documents. That now includes private and professional process servers.
 
However many people believe that they can avoid the lawsuit by simply avoiding the server, but those days are over. The State of Mississippi allows the Judge to grant permission for an alternate means of service such as:
  • Leaving the papers at the Defendants home or business with a competent adult of suitable age; and/or 
  • Mailing a copy of the summons and complaint via certified mail to the Defendants home or business.
  • Service by publication, where the judge grants permission to the Plaintiff to take out an ad in the local newspaper, which does not have to be view by the Defendant for the matter to be given a disposition by the courts.
2013 Mississippi Code

Title 97 – CRIMES
Chapter 9 – OFFENSES AFFECTING ADMINISTRATION OF JUSTICE
Article 1 – IN GENERAL
§ 97-9-75 – Resisting service of process

 
Universal Citation: MS Code § 97-9-75 (2013)

Any person who knowingly and wilfully opposes or resists any officer or other authorized person in serving or attempting to serve or execute any legal writ or process, shall be guilty of a misdemeanor.

 

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