Serving a summons - Page 2 - PeachParts Mercedes-Benz Forum

Jim B. · #16 08-13-2010, 09:21 AM

Quote:

Originally Posted by TX76513

That one will backfire on you.

Just like collections and repossessions there are rules of engagement.

It does not sound like you are informed of them very well, to have made a sweeping post like that, but without saying what is wrong with it.

Furthermore, the chances are pretty slim, it would ever be questioned, with regard to the method used.

What is hated by the Courts is the use of "sewer" service, ie, fake, (no service actually made) but the proof of service was nonetheless filed with the court saying it had been made.

aklim · #17 08-13-2010, 12:11 PM

Kerry, check out your rules carefully and get back to me via PM if you want. Here are some GENERAL guidelines for the state of WI.

I cannot continue WITHOUT service being done. Service CANNOT be done by an officer of my company and probably my wife will be on shaky grounds. Basically it must be done by what they call a "disinterested party". So, what it means is that I can have my friend serve you and fill out an affidavit of service. I or any of my officers or our spouses CANNOT serve you because we have an interest in the company.

That said, I usually get a deputy sheriff to serve you because they have a badge and a gun and people USUALLY let them get who they want. There are some cases where the place has a prohibition against any service not related to the company. Still you MUST try because they will provide an affidavit of NON SERVICE.

With this affidavit, I can "Serve by Publication". I cannot get say "The Capital Times" to print a notice of service because I am in the Milwaukee area. I must get it printed in a local paper they are able to have access to. Once that is done, the paper will send me a notarized statement saying what they have done, a bill and a copy of what they published which includes the details of the case. To do that, you MUST have tried a service and it has been refused. After that, you send a copy to their last known address.

IIRC, in WI, you can serve eviction notices at their door where they live.

aklim · #18 08-13-2010, 12:33 PM

Quote:

Originally Posted by kerry

I'm pretty sure he works nights so I could hang around the entrance when he's going to or leaving work but I'm looking for tried and true service advice.

Not going to work. http://www.courts.state.co.us/userfiles/File/Media/Brochures/smallclaimsweb.pdf

Service

The Small Claims Rules set out the procedure for serving the complaint on the defendant. (Rule 504 establishes the procedure for service; the Small Claims Rules are found in Volume 12 of the Colorado Revised Statutes.) Generally, a person who is not involved in the case or not a family member of someone involved in the case, such as a sheriff or a private process server, needs to deliver the complaint to the defendant or the registered agent. The plaintiff has to pay a fee to have the defendant served.

Alternatively, the form can be mailed by certified mail by the clerk of the court. The plaintiff will have to pay the cost for certified mail at the time the complaint is filed. If the certified mail cannot be delivered, the plaintiff may still have to get the sheriff or a process server to deliver the complaint.

The defendant must be served with the complaint at least 15 days before the trial date. If not, the trial date will probably have to be rescheduled. The plaintiff will get back a form that shows service was completed, including the date of service. This form must be filed with the court at or before your trial.

t walgamuth · #19 08-13-2010, 12:53 PM

Quote:

Originally Posted by kerry

This guy's collectible or I wouldn't be wasting my time. He has a good job at a public hospital so won't be quitting. If I win the judgment, I'll be garnishing.

I think I'm going to try using the Sheriff since he should be able to get by security at the hospital whereas a private process server can't.

Good tenant screening is better than a judgment but you can't win them all.

Right!

okyoureabeast · #20 08-13-2010, 01:16 PM

Can't you call the Sherrif's office and have them send an officer down to serve them?

That's what we did here in PA. No nonsense and worry involved.

You may also consider hiring Seth Rogan.

Honus · #21 08-13-2010, 01:54 PM

Personal service by a sheriff's deputy is the gold standard, and cheap, but they will not get creative. If the person is not at the address you provide, the deputy will return the paper marked, "not found." A private investigator/process server is the next best. They have resources and skills for finding people and getting them served and are not all that expensive.

mgburg · #22 08-13-2010, 02:07 PM

I was asked to serve a lawyer.

It was fun...

I went into her office, told the receptionist that I was looking for "Ms. XXX" because she was referred to me by a past client of hers for WC. It helped that I limped into the office to begin with.

The papers were tucked up my right sleeve and positioned so that all I had to do was just reach right up there and hand them to her when she asked me what this was all about...

The fun/scarey part was the initial hand-over. She went from "Ooooo! A client!" to "You slimey, scum-sucking, little bag of pus!" in about 0.14 seconds. I bearly got my hand out of harm's way. When she realized she couldn't do anything about it, she spun around and stormed out of the lobby.

The funniest part of the whole thing? I had her receptionist sign the service order as a "witness" - the true icing on the cake. I got paid $75.00 for the "fun."

Considering that I lied to a lawyer and I wasn't under Oath...it felt good...and the money didn't hurt at all!

aklim · #23 08-13-2010, 02:38 PM

Quote:

Originally Posted by mgburg

I was asked to serve a lawyer.

It was fun...

I went into her office, told the receptionist that I was looking for "Ms. XXX" because she was referred to me by a past client of hers for WC. It helped that I limped into the office to begin with.

The papers were tucked up my right sleeve and positioned so that all I had to do was just reach right up there and hand them to her when she asked me what this was all about...

The fun/scarey part was the initial hand-over. She went from "Ooooo! A client!" to "You slimey, scum-sucking, little bag of pus!" in about 0.14 seconds. I bearly got my hand out of harm's way. When she realized she couldn't do anything about it, she spun around and stormed out of the lobby.

The funniest part of the whole thing? I had her receptionist sign the service order as a "witness" - the true icing on the cake. I got paid $75.00 for the "fun."

Considering that I lied to a lawyer and I wasn't under Oath...it felt good...and the money didn't hurt at all!

Why the

? I would have done it just for fun. I especially enjoy sending people to get served in their office. More embarrassing for them. Unfortunately the deputies won't let me be there to watch.

A couple weeks ago, the employer refused to confirm employment. I took the part of the garnishment that didn't need to be signed and put it in another company's envelope and said "Can you give this to Kim?". Once I saw them go back, I knew she was still employed by them.

I put a list of people we sued and a slogan that goes "Us you screw, YOU we sue".

The Clk Man · #24 08-13-2010, 02:46 PM

Quote:

Originally Posted by kerry

It's worth a fair amount of hassle. I know someone who works at the hospital so I may try to ask that person to serve him at work since she can get access but it might cause tensions in the workkplace so I'm looking for alternatives.

Give me an address and a beer and I will handle it for you.

aklim · #25 08-13-2010, 02:50 PM

Quote:

Originally Posted by The Clk Man

Give me an address and a beer and I will handle it for you.

What won't you do for a beer. Wait, never mind, rhetorical question. Don't want to really know.

mgburg · #26 08-13-2010, 02:55 PM

Quote:

Originally Posted by aklim

Why the

? I would have done it just for fun. I especially enjoy sending people to get served in their office. More embarrassing for them. Unfortunately the deputies won't let me be there to watch. ... A couple weeks ago, the employer refused to confirm employment. I took the part of the garnishment that didn't need to be signed and put it in another company's envelope and said "Can you give this to Kim?". Once I saw them go back, I knew she was still employed by them. ... I put a list of people we sued and a slogan that goes "Us you screw, YOU we sue".

The

was the anticipation (wrongly) of the "severity" of the reaction I was expecting.

Sometimes (?!?!?!?), your imagination of how a situation will go is never that close to reality. But then, I'm "programmed" to expect the worse and if it doesn't happen, it's only "UP!" from there. Conversely, if the worse does happen, I, at least, did expect it to occur and I was, at least, prepared for it.

But, you can't be prepared for EVERYTHING. I guess that's why we rely on insurance companies and they only cover what you chase them down to cover.

LABTUD! (Life's A B***H, Then You Die!)

aklim · #27 08-13-2010, 02:57 PM

Quote:

Originally Posted by mgburg

Sometimes (?!?!?!?), your imagination of how a situation will go is never that close to reality. But then, I'm "programmed" to expect the worse and if it doesn't happen, it's only "UP!" from there. Conversely, if the worse does happen, I, at least, did expect it to occur and I was, at least, prepared for it.

But, you can't be prepared for EVERYTHING. I guess that's why we rely on insurance companies and they only cover what you chase them down to cover.

LABTUD! (Life's A B***H, Then You Die!)

And people say I am a pessimist when I believe that.

True.

Then you get reborn into a worse situation.

compress ignite · #28 08-13-2010, 03:09 PM

Generally in U.S. jurisdictions,Personal service means just that...No: Wives,Bosses,P.A.s,Girlfriends,Etc.
You MIGHT make a point for serving someone who has power of attorney for the
Perp...(Good Luck on that last one).

mgburg · #29 08-13-2010, 03:11 PM

Quote:

Originally Posted by aklim

And people say I am a pessimist when I believe that. ... True. ... Then you get reborn into a worse situation.

I'm either a "pessimistic optimist" or an "optimistic pessimist."

I don't care...I take what's given me and enjoy while I have it. And if I don't have it, I work harder to get it or decide it's not worth the effort.

And until "O" changes the rules, that's the way I'm going to live it...'cause I can!

kerry · #30 08-13-2010, 03:56 PM

I decided to try the Sheriff thinking they would be able to easily get past the security at the hospital where he works. When I got to the Sheriff's office they told me that security at the hospital does not usually cooperate with them, but they would try. $37. I'm not optimistic they will get it done. If it doesn't work I may try to stake out the hospital door at shift change.

I know I can't serve it to him. I'll have a friend along if I resort to that. In Colorado, personal service includes giving it to a bookkeeper, personal assistant, or manager at place of business.

Worse comes to worse, I'll ask a nurse I know who works at the hospital to do it.