Serving a summons - PeachParts Mercedes-Benz Forum

kerry · #1 08-12-2010, 08:06 PM

Need to serve a tenant in an amended eviction suit where I am asking for $$. How do people go about serving? I know where he works--public hospital, and I know he can be served at work by leaving summons with a supervisor or personal assistant but process service company says it's impossible to get past security to do so.
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.
In case anyone is wondering, in Denver, posting a summons and complaint on a tenant's door is not adequate for a money judgment, it can only result in possession. A money judgement requires personal service.

hill · #2 08-12-2010, 08:13 PM

Hot looking woman works the best. Have her get him on shift change in public view.

#3 08-12-2010, 08:19 PM

Can't you hire people to serve a summons?

kerry · #4 08-12-2010, 08:22 PM

Yes you can. But they need to know where he lives. I only know where he works and the process server says he can't get past security to serve him there.

#5 08-12-2010, 08:25 PM

OK, I've never dealt with it. Do you need an investigator to track him down and serve him? I don't know how much you are trying to collect, how much hassle is it worth?

kerry · #6 08-12-2010, 08:31 PM

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.

Billybob · #7 08-12-2010, 09:15 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.

Here in the People's Republic I've always hired a sheriff's deputy as a process server as they have "resources" at their disposal that other process servers don't!

layback40 · #8 08-12-2010, 10:18 PM

The damsel in distress is a good way to get his attention. Best to catch him as he leaves or arrives at work. While he is getting into or out of a car is a good time as he is a little preoccupied. People tend to park their car in the same place. Make sure you have a witness.

cmbdiesel · #9 08-12-2010, 10:41 PM

Quote:

Originally Posted by Billybob

Here in the People's Republic I've always hired a sheriff's deputy as a process server as they have "resources" at their disposal that other process servers don't!

That would be my first choice as well. Knew a couple deputies out west that made some extra cash that way. Amazing where a guy in a cop suit can just walk into.

Jim B. · #10 08-13-2010, 12:36 AM

Catching them getting into or out of their car when it's been followed to shopping center parking lot can work.

I got someone served by having a flower delivery made to the front desk of a medical clinic, in May of this year.. Inside the bouquet, delivered by a young woman I had hired for this purpose, we had rolled up inside of a waterproof plastic stapled tube, the summons, and then crammed it down the middle of the bouquet where it was invisible.

It worked perfect. Be sure right afterward, to have the process server sign the court document in duplicate called the "Proof of Service" then file the original and have the second one "endorsed" by the court and returned to you.

A process server told me that another thing that usually worked was to have someone dressed as a Pizza delivery guy come to the business, and ask for the person at the front desk.

The person would always come, for the "Pizza" but sometimes say he didn't order the Pizza.

The process server would say, "Well, you ARE John Doe, aren't you?"

The person would say, "Yeah, but..." and the process server would thrust the box at them, and say "Here you go."

Then the person would open the box, and the service of process was inside and no pizza was there.

But it was too late, he just got served.

Worked every time,

Another one that worked but is really mean, was to phone them at work or at home and say they are the local Hospital calling, and that their spouse just got horribly injured and was in the ER and you have to come there right away.

Nailed them with service when they raced into the Hospital ER parking lot, hit them with papers, at the moment they jumped wild eyed out of the car.

Always worked.

t walgamuth · #11 08-13-2010, 05:40 AM

I've always hired the deputy to do it. I currently have a judgement on a deadbeat tenant but I am pretty sure he is unemployed. The chances of collecting from people on judgements is not so good in my experience. Also the chance of getting a good judgement on one is not so good either.

Generally it has to be a lot of money to make it worth even trying.

But if I could magically collect on all my judgements I could be driving a very nice paid for car.

layback40 · #12 08-13-2010, 07:49 AM

A case of buyer be ware !! some how you need to assess tenants before you let them in to the property on what they will be like if things go wrong for them. Easy to say but not so easy to do !!!

t walgamuth · #13 08-13-2010, 08:15 AM

Best way to avoid tenant problems is to not rent to anybody that looks questinable (not appearance but employment, etc.)

TX76513 · #14 08-13-2010, 08:59 AM

Quote:

Originally Posted by Jim B.

Another one that worked but is really mean, was to phone them at work or at home and say they are the local Hospital calling, and that their spouse just got horribly injured and was in the ER and you have to come there right away.

Nailed them with service when they raced into the Hospital ER parking lot, hit them with papers, at the moment they jumped wild eyed out of the car.

Always worked.

That one will backfire on you.

Just like collections and repossessions there are rules of engagement.

kerry · #15 08-13-2010, 09:17 AM

Quote:

Originally Posted by t walgamuth

I've always hired the deputy to do it. I currently have a judgement on a deadbeat tenant but I am pretty sure he is unemployed. The chances of collecting from people on judgements is not so good in my experience. Also the chance of getting a good judgement on one is not so good either.

Generally it has to be a lot of money to make it worth even trying.

But if I could magically collect on all my judgements I could be driving a very nice paid for car.

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.