process server tactics question

[tacomeat]

someone came to my door earlier today. figured it was a process server so didnt answer.

then about an hour later i got a call from the guy that knocked on the door. he left a message detailing all of my info (name, address) that he came at exactly 10:15 am and attempted to deliver for 10 minutes a VERY important document that required my immediate attention.

and that it would be in my best interest to call him back and set up a time for him to give me this or else he would have to turn it over to the sheriff department which would then serve a warrant on me and that i wouldnt want it to come to that.


questions:

1. are the details he is leaving me on my v/m being given to prove he made the attempts? does that even matter?

2. whats the deal with the sheriff comment? and a warrant? this seems like an empty threat and he just wants to serve me so HE gets paid (instead of the sheriff). i guess im only slightly worried that he is talking about some kind of writ of execution... but if it got to that stage, i would surely have known about it, right?

3. does a process server know the details of what they are serving? whether its civil or criminal? who the serving party is? if its a collection attempt?

thanks.

[tacomeat]

and to ask the obvious - should i call him?

[flyinbroke]

someone came to my door earlier today. figured it was a process server so didnt answer.

then about an hour later i got a call from the guy that knocked on the door. he left a message detailing all of my info (name, address) that he came at exactly 10:15 am and attempted to deliver for 10 minutes a VERY important document that required my immediate attention.

and that it would be in my best interest to call him back and set up a time for him to give me this or else he would have to turn it over to the sheriff department which would then serve a warrant on me and that i wouldnt want it to come to that.


questions:

1. are the details he is leaving me on my v/m being given to prove he made the attempts? does that even matter?

Yes, and yes. If he made attempts to deliver a summons and you did not respond, then he attempted to deliver. You cannot say he did not attempt, you did blow him off, after all. This goes into the court docket.

2. whats the deal with the sheriff comment? and a warrant? this seems like an empty threat and he just wants to serve me so HE gets paid (instead of the sheriff). i guess im only slightly worried that he is talking about some kind of writ of execution... but if it got to that stage, i would surely have known about it, right?

I think he gets paid regardless of whether you get the summons or not. It may be an empty threat, but why chance it. And not necessarily...there are people out there who did get judgments against them and did not know it until all their checks bounced because their banks were frozen.

3. does a process server know the details of what they are serving? whether its civil or criminal? who the serving party is? if its a collection attempt?

Most likely since they are hired by a company to deliver a summons. However, they do so many a day they do not keep track.
thanks.

Should you call him? Yes, unless you really want a default judgment against you. When it gets to the point of being served, you are being sued and blowing it off is no longer in your best interest. Even if it is not, it is a piece of paper, and will not bite. But aren't you better off knowing?