Posted: 1/1/2009 3:27:54 PM EDT
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As long as the lights are on in a house and I can see people moving around, I can serve someone at any time of the day or night?
True or False? |
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Quoted:
As long as the lights are on in a house and I can see people moving around, I can serve someone at any time of the day or night? True or False? you really need to check you local laws as they vary greatly,but the MAIN RULE is to serve WITHOUT making a Public disturbance.... SO banging on the windows for more that a few minutes might just cost you your job or a ticket for distrubing the Peace. so within a REASONABLE Time,so NO trying to serve someone after bedtime,is a kinda unwritten rule. And check your local LAWS as they might have the Right to Refuse papers. and ALSO BE AWARE: PEOPLE DO HOLD A GRUDGE..... people do take it personally.... so expect some guy you served 10years ago to still be wanting to kickyourass 
also beware that half the people you are serving might just have a firearm pointed at ya without you knowing it,SO best of luck to ya and for GOD`s Sakes BE CAREFUL.. |
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Varies from state to state.
In Texas, you must actually "hand" the papers to the person being served, i.e., you cannot leave them in the mailbox. But if you see the person and they refuse to take the papers, you can "drop them at his feet" and make a note on the return papers that you did so. |
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In Oklahoma, you can serve any residence that the defendant owns or rents by leaving the papers with anyone at the residence who is 15 years old or older.
But then again, by the letter of the law, ANYONE over 18 years old "Of Good Moral Character" and designated by the plaintiff, can serve papers. You don't HAVE to have a process server's license here. (I have seen this argued in court and WON) |
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Quoted:
Go to where they work and park behind the car next to them. Have some one go inside and tell them their car has been hit. When they could out hand them the paper saying this is my name and insurance information. I saw this done once at a hospital in Tulsa. The defendant was the president of the hospital and lived in a gated, high security housing complex where the process server could not get to the house. The server (tricky wimmenz) went into the hospital admin offices crying about how she had just backed into someone's VERY EXPENSIVE looking BMW in the restricted parking lot and the guard had told her that it was the bosses car. She went on and on sobbing about how she had just started working at the hospital and really needed her job. When the president came stomping out of his office (assclown), she smiled through her tears and said, "The good news is that I didn't hit your car...the bad news is that YOU ARE SERVED!!!" 
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Quoted: I had a guy that I could not get served with divorce papers. I had two private process servers and the deputies after him. One night the wife calls me and says she saw him walking into his apartment building and told me to call because he had told her he would not avoid service. Stupidly I called and he said "Yeah no problem." I never serve papers but I was tired of this so I drove over there at about 9pm. Of course when I get there he is not there and the other people living there say he left and they don't know when he was coming back.Varies from state to state. In Texas, you must actually "hand" the papers to the person being served, i.e., you cannot leave them in the mailbox. But if you see the person and they refuse to take the papers, you can "drop them at his feet" and make a note on the return papers that you did so. Now I was pissed, I knew the bum didn't have a car so he didn't go far; so I went out, got in my car and drove away, went around the block and watched. Sure enough they called him at the bar across the street and he came out and headed back to the building. I walked up and said "Joe, buddy, what's up" He turned, I held out the divorce papers and told him he was served. He told me "F- you I don't want 'em" I was fed up so I tossed them at him, he actually jumped out of the way, like we were playing dodgeball and ran up the street into the dark yelling "They didn't touch me, doesn't count!" Dumbass. |
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Quoted:
Quoted:
I had a guy that I could not get served with divorce papers. I had two private process servers and the deputies after him. One night the wife calls me and says she saw him walking into his apartment building and told me to call because he had told her he would not avoid service. Stupidly I called and he said "Yeah no problem." I never serve papers but I was tired of this so I drove over there at about 9pm. Of course when I get there he is not there and the other people living there say he left and they don't know when he was coming back.
Varies from state to state. In Texas, you must actually "hand" the papers to the person being served, i.e., you cannot leave them in the mailbox. But if you see the person and they refuse to take the papers, you can "drop them at his feet" and make a note on the return papers that you did so. Now I was pissed, I knew the bum didn't have a car so he didn't go far; so I went out, got in my car and drove away, went around the block and watched. Sure enough they called him at the bar across the street and he came out and headed back to the building. I walked up and said "Joe, buddy, what's up" He turned, I held out the divorce papers and told him he was served. He told me "F- you I don't want 'em" I was fed up so I tossed them at him, he actually jumped out of the way, like we were playing dodgeball and ran up the street into the dark yelling "They didn't touch me, doesn't count!" Dumbass. Good one. 
Since we're telling paper serving stories..... Once when I was a Sheriff's Deputy, we served Divorce Papers. I went to the address and walked up to the front door. There was only a screen door and I could see a man and woman sitting on the couch, watching TV. I knocked and the man came to the door. I said, "Mr. Ralph Smith?" He said, "That's me." I said, "I have some divorce papers for you." He turned to the woman and said, "Honey, do you know anything about this?" She said, "Just read the papers, Ralph." 
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WHY are people so affraid of being served with divorce papers is my question.
When I was served I told the ex's lawyer that I wouldnt be home till after 7 pm during the week and that they could serve me any time after then. Well the next week or so I come home and there is a business card stuck in the door for a local deputy. I call the deputy and say look I told yall NOT to come till after 7pm as I wouldnt be home. But since I know that you have divorce papers for me and I WANT to sign them where can I come and pick them up? He told me that they would be at the county courthouse the following day and he would be working the metal detector and to just come and ask for him and he would have the papers. I walked in, signed something or other, got my papers and walked right back out. |
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Quoted: Most guys are like that, they know it's coming and don't bother giving the process server a hard timeWHY are people so affraid of being served with divorce papers is my question. When I was served I told the ex's lawyer that I wouldnt be home till after 7 pm during the week and that they could serve me any time after then. Well the next week or so I come home and there is a business card stuck in the door for a local deputy. I call the deputy and say look I told yall NOT to come till after 7pm as I wouldnt be home. But since I know that you have divorce papers for me and I WANT to sign them where can I come and pick them up? He told me that they would be at the county courthouse the following day and he would be working the metal detector and to just come and ask for him and he would have the papers. I walked in, signed something or other, got my papers and walked right back out. "Just read the papers, Ralph." Well I guess not EVERYONE knows they are coming... |