Many people believe that if they refuse to accept legal papers—such as a summons, complaint, or subpoena—then they cannot be sued or forced to appear in court. That is a dangerous misconception. In Massachusetts, and in most jurisdictions, refusing to take the papers does not stop the legal process from moving forward.
When someone files a lawsuit, the law requires that the other side be given notice. This is called “service of process.” In Massachusetts, service is usually carried out by a sheriff or constable. Their job is to make sure the documents are delivered in a way that meets the requirements of the court rules.
If a constable or sheriff approaches you and you refuse to take the papers—by closing the door, walking away, or simply saying “I won’t accept them”—the officer can still complete service. Courts recognize that some people will try to avoid lawsuits, and the rules are written to prevent this from blocking justice.
Typically, if the papers are offered to you and you refuse them, the officer can leave them in your presence (for example, dropping them at your feet or leaving them in the doorway). This counts as valid service. In other situations, if you cannot be personally served after reasonable attempts, the plaintiff may be allowed to use an alternative method of service, such as leaving the papers at your home with another adult or mailing them.
Refusing or dodging service does not stop the case. Instead, it increases the chance that the case will proceed without your participation. If you fail to respond in time, the court can enter a default judgment against you, meaning you lose automatically. You could be ordered to pay money damages, comply with court orders, or face other serious consequences—all without ever telling your side of the story. Furthermore, if you do appear in Court, when the judge hears that you refused service, the Judge is likely to have a reduced opinion of you and be less likely to believe what you say to the Judge.
If you are served with legal documents, the best thing you can do is accept them and act quickly. That does not mean you agree with the lawsuit—it just means you are acknowledging notice. Once you have the papers, you should read them carefully and contact an attorney to discuss your options and deadlines. Ignoring or refusing service usually makes a bad situation worse.
Bottom line: Refusing to accept legal documents does not prevent you from being sued. The court considers service valid once the constable or sheriff has made a proper attempt, even if you turn the papers away. Protect yourself by accepting service and seeking legal advice right away.
