Can we avoid subpeona?

[confuzzled]

A former customer of our business is trying to get my husband to testify for him in a civil suit against another contractor. My husband does not want to participate and has nothing to offer either party in the dispute. Nothing to hide, but nothing to offer either since he was not involved in the matter under dispute.

We tried to explain that to the attorney at the deposition and they implied he would not be called on any further. Now we have a process server showing up several times a day trying to serve a subpoena forcing him to come testify on behalf of the former client.

He is working out of town and will be for months to come. I have been told by friends and family that if the process server can not make direct contact with him to serve the subpoena then he is not legally required to attend the court dates. Is that true?

Can I legally refuse to accept any documents on his behalf? I don't want to break the law and neither does he, but it would be professional suicide to participate in a frivolous and unjust lawsuit that we do not agree with or support. How can we legally be exempted from appearing?

 

[seniorjudge]

What did the lawyer say when you asked all your questions?

(The general answer is that your husband will have to go to court.)

 

[confuzzled]

Afterthought- I want to emphasize, my goal is to find out if we have any rights or legal ways to stay out of this, not to bend or break the law trying to avoid it. If he has to go, he will, but if there is ANY way to avoid it, that is the hope.

She asked him questions concerning his opinion of blueprints and the approximate cost to do specific items. The opposing side asked if there was only one way the task could be done or if there was more than one way that would meet code. He replied in their favor that yes, the way it was shown on the prints was also a valid method. That was all that was asked at that time of the deposition.

I don't want to do anything illegal or unethical in any way, but if my son and I went on vacation and there truly wasn't anyone home to serve, is that an option? We adamantly do not want involved and if we were forced to, it would be against the one trying to subpoena now. I haven't been answering the phone or the door in days now so I haven't asked the attorney how to avoid having to testify. I am afraid that will confirm our knowledge of them trying to contact us. So far, the process server has only left voice mails and spoke with our minor child who could not accept any papers. I know this sounds horrible but it's civil not criminal and we just do not want to be involved.

Advice?