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Posted: 9/24/2004 5:26:27 AM EST
Lying to a process server.

A hypothetical situation for the keyboard attorneys here:

Say a process server from the county shows up at an office to serve papers relative to a civil matter on a principal of the company. The receptionist is directed to lie to the process server and say that the subject principal is not in the office. Can the receptionist be charged with anything here? I can't see it as being obstruction, but I'm just a schmucky civil engineer.

Remember, this is a hypothetical situation and no advocacy of law-breaking is being implied, expressed or solicited.
Link Posted: 9/24/2004 5:27:53 AM EST
could possibly be construed to be Obstructing Justice... but that would only be for criminal cases... and it wouldn't be a process server showing up... it would be the po-po with a warrant...

*I am not a lawyer, and the above is my SWAG*
Link Posted: 9/24/2004 5:28:06 AM EST
I don't know but we had some similar visits a few years ago. I also told the truth and directed them to the receptionist.
Link Posted: 9/24/2004 5:29:45 AM EST
Link Posted: 9/24/2004 5:31:10 AM EST

Originally Posted By CAMPYBOB:
the cops can eat her pie, shoot her dog and she she can prohibited from badmouthing muslims for a period not to exceed 5 years.



Uh, oh. The hypothetical receptionist is nuts about her hypothetical dog. It's on now!
Link Posted: 9/24/2004 5:32:35 AM EST
We get people that lie all of the time to avoid being served. We'll catch up to them sooner or later.
Link Posted: 9/24/2004 5:32:39 AM EST

she she can prohibited from badmouthing muslims for a period not to exceed 5 years.


Now that's just plain harsh..........
Link Posted: 9/24/2004 5:35:21 AM EST

Originally Posted By tcsd1236:
We get people that lie all of the time to avoid being served. We'll catch up to them sooner or later.

Oh, I'm sure that's true. Hypothetically, I think the hypothetical principal was just trying to buy some time to call the hypothetical corporate attorneys. I, hypothetically, would have just been served. Jeez, I'm sure all it is is a summons to appear. Hypothetically, I think the hypothetical principal acted in a most cowardly manner.

Hypothetically, of course ...
Link Posted: 9/24/2004 5:36:29 AM EST

Originally Posted By PennvilleBill:

she she can prohibited from badmouthing muslims for a period not to exceed 5 years.


Now that's just plain harsh..........



Perhaps, but if she was hot I'd eat her pie.
Link Posted: 9/24/2004 5:38:38 AM EST

Originally Posted By PONY_DRIVER:
Perhaps, but if she was hot I'd eat her pie.

Hypothetically, don't think I haven't tried.
Link Posted: 9/24/2004 5:41:05 AM EST

Originally Posted By DzlBenz:

Originally Posted By tcsd1236:
We get people that lie all of the time to avoid being served. We'll catch up to them sooner or later.

Oh, I'm sure that's true. Hypothetically, I think the hypothetical principal was just trying to buy some time to call the hypothetical corporate attorneys. I, hypothetically, would have just been served. Jeez, I'm sure all it is is a summons to appear. Hypothetically, I think the hypothetical principal acted in a most cowardly manner.

Hypothetically, of course ...


If its a corporate service, thats just plain silly to delay it. Usually the only delay with corporate service is who in the corporation is the person to be served.
Link Posted: 9/24/2004 5:47:34 AM EST

Originally Posted By tcsd1236:
If its a corporate service, thats just plain silly to delay it.

Agreed.
Link Posted: 9/24/2004 5:48:20 AM EST
If it's being served on the principal as a recipient of process for the business, service will be perfected by leaving it with the receptionist. If it's being served on him personally, they'll just have to catch him somewhere else. IOW, if it's directed to XYZ Co. to be served on Joe Arfcom as corporate representative (or anything similar) it doesn't have to be put in Joe's hand to be validly served. If it is directed to Joe Arfcom, they'll just hunt him down later.

I have personally physically ejected a process server from a client's premises when he tried to enter the boardroom during an annual meeting to serve some of the directors with subpoenas - without consequences other than the undying gratitude of the client.
Link Posted: 9/24/2004 6:06:57 AM EST

Originally Posted By FLAL1A:
If it's being served on the principal as a recipient of process for the business, service will be perfected by leaving it with the receptionist. If it's being served on him personally, they'll just have to catch him somewhere else. IOW, if it's directed to XYZ Co. to be served on Joe Arfcom as corporate representative (or anything similar) it doesn't have to be put in Joe's hand to be validly served. If it is directed to Joe Arfcom, they'll just hunt him down later.

I have personally physically ejected a process server from a client's premises when he tried to enter the boardroom during an annual meeting to serve some of the directors with subpoenas - without consequences other than the undying gratitude of the client.


Depends. Some corporations have a designated Exec who accepts all civil papers. Some corps also hate any sort of personal service being done on business time and premises. I've seen it all.
Link Posted: 9/24/2004 6:07:36 AM EST

Originally Posted By FLAL1A:
Lots of salient information.



Thanks, FLAL1A. That is very useful, hypothetically.
Link Posted: 9/24/2004 6:12:40 AM EST

Originally Posted By DzlBenz:
Lying to a process server.

A hypothetical situation for the keyboard attorneys here:

Say a process server from the county shows up at an office to serve papers relative to a civil matter on a principal of the company. The receptionist is directed to lie to the process server and say that the subject principal is not in the office. Can the receptionist be charged with anything here? I can't see it as being obstruction, but I'm just a schmucky civil engineer.

Remember, this is a hypothetical situation and no advocacy of law-breaking is being implied, expressed or solicited.



Well being that I have to deal with this on occasion this how we handle it here. If a process server shows up to serve an employee, regardless of their position, we contact the employee and HR and it's up to the employee if they want to come out and meet with the person. If they do not wish to meet with the person we tell them they will have to leave and try and serve the papers at a later time and not on company property.
Link Posted: 9/24/2004 6:33:54 AM EST

Originally Posted By photoman:
Well being that I have to deal with this on occasion this how we handle it here. If a process server shows up to serve an employee, regardless of their position, we contact the employee and HR and it's up to the employee if they want to come out and meet with the person. If they do not wish to meet with the person we tell them they will have to leave and try and serve the papers at a later time and not on company property.



Good info there, photoman. Thanks.
Link Posted: 9/24/2004 6:36:30 AM EST
the rules on corporate service can vary wildly from state to state.
Link Posted: 9/24/2004 6:50:42 AM EST

Originally Posted By tcsd1236:

Originally Posted By FLAL1A:
If it's being served on the principal as a recipient of process for the business, service will be perfected by leaving it with the receptionist. If it's being served on him personally, they'll just have to catch him somewhere else. IOW, if it's directed to XYZ Co. to be served on Joe Arfcom as corporate representative (or anything similar) it doesn't have to be put in Joe's hand to be validly served. If it is directed to Joe Arfcom, they'll just hunt him down later.

I have personally physically ejected a process server from a client's premises when he tried to enter the boardroom during an annual meeting to serve some of the directors with subpoenas - without consequences other than the undying gratitude of the client.


Depends. Some corporations have a designated Exec who accepts all civil papers. Some corps also hate any sort of personal service being done on business time and premises. I've seen it all.



As their attorney you personally physically ejected a process server? not trying to be a smart alec here but even if the guy was trespassing, etc. I would worry a little bit about 1) becoming a "witness" under those circumstances and 2) being charged with battery for physically ejecting someone without a claim of self defense. You've got bigger stones than me.
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