ANOTHER summons-dh wouldn't accept it

[momof3b1g]

Ok a guy came to the door tried to serve me a summons. He went to the door and said if he wasn't a sheriff we weren't accepting anything. The said OK. Now i wonder what will happen. Do you think this was a bad idea? Hopefully we are going to file pretty soon(like this month) so any judgements would disappear. We are waiting for our federal refund to spend this weekend. We already got state and spent most of it. Dh's truck is in the shop as we speak.
I'm just biting my nails everyday until we can file.

[AngelinaCat]

Hi Mom: If you are planning to file in the next month or so, you should be okay. Technically, because DH is your spouse, he should have taken the summons. But do not worry about him not taking it now. Sooner or later you will be. Whenever you are served, you will typically have 20 days to respond. And you can drag it out. If you search out some of my earliest posts--I joined April 2008--you will find some of our experiences with these things.

[HHM]

Out of curiosity, did the process server leave the paper on the door step?

In most states, if the process server was able to establish that you lived there, and the person who answered the door refused to take it, then they can simply leave it on the door step and that would be considered good service.

[jktrading]

Many years ago we had an attempted service. The guy was a jerk, trying to entice me to open the door or he would call the police or knock on my neighbors door. I was about ready to call 911 until he left. He left no paperwork anywhere. A month or so later we came to find out he stated he served us, and a default judgement was entered.

It's been 9 years since then and nothing has come of it. We recently filed, and included that old judgement just in case. Weird how the $400 debt we owed went through the scumbag server, the court system, then a default judgement. Nothing came of it, no enforcement whatsoever. Just letters every few months from the OC. Weird! Oh well, one of life's mysteries.

[momof3b1g]

Out of curiosity, did the process server leave the paper on the door step?

In most states, if the process server was able to establish that you lived there, and the person who answered the door refused to take it, then they can simply leave it on the door step and that would be considered good service.

No, nothing was left.

[catleg]

You've got to wonder about who takes that kind of job.

Imagine you knock on doors all time, 99 out of 100 are just Wally, Jane and the Beaver, but every so often you're going to find god knows what...a meth lab, grow house, al quida bomb makers, serial killers, vampires, space aliens, etc. If you're lucky you just get mauled by an Akita once in a while. I just wonder if it's considered a dangerous career.

[freshstartfl]

Catleg, have you seen Pineapple Express? Seth Rogan, the stoner lead, is a process server.

[BigJohn]

Many years ago we had an attempted service. The guy was a jerk, trying to entice me to open the door or he would call the police or knock on my neighbors door. I was about ready to call 911 until he left. He left no paperwork anywhere. A month or so later we came to find out he stated he served us, and a default judgement was entered.

It's been 9 years since then and nothing has come of it. We recently filed, and included that old judgement just in case. Weird how the $400 debt we owed went through the scumbag server, the court system, then a default judgement. Nothing came of it, no enforcement whatsoever. Just letters every few months from the OC. Weird! Oh well, one of life's mysteries.

In our area, when something like that happens, we call 911 and say "Home Invasion". (I also keep a recorder nearby in case such threats are received.) When SWAT shows up, I think the process server will be long gone but his liscense plate number will be written down on a piece of paper for the police to use for their own purpose. I wonder what the server will tell the police when they ask him what he was doing at our house as he faces the pavement?

[catleg]

Catleg, have you seen Pineapple Express? Seth Rogan, the stoner lead, is a process server.

No, but thanks, I'll download it from the pirate site in China tonight.

I watched Taken tonight, pretty good movie, if you like Jack Bauer you'll love this guy. He knows how to get information out of people.

[liz417]

No, but thanks, I'll download it from the pirate site in China tonight.

I watched Taken tonight, pretty good movie, if you like Jack Bauer you'll love this guy. He knows how to get information out of people.

I saw "Taken" too, it was a GREAT movie!! I'm usually not action movies kinda gal (well I do like Matt Dammon (sp?) in Bourne Identity , ) but it was good! Two thumbs up~!

[AngelinaCatHub]

OK, I’m an expert at taking summons’s. LOLOL Any Civil suit, the server, County Sheriff or private firm, can contact you first, if it is your home, anyone over 18 can take the paper. If anyone refuses, they can either leave it in your hand, or pocket. If not that and anyone refuse, it can be left under a rock on the porch. The server testifies under oath if need be that they served.

It is different with a Federal case. ONLY THE PERSON NAMED can be served. Not the wife, or child over 18 and they cannot leave it under a windshield wiper, etc..

It has to be handed to the name person only. If refuse, the Court can have a Marshal serve it under the gun. That is the way it is. ‘Hub

[AngelinaCat]

'Hub, please see my post above. Love