[charlesa6]

Originally Posted by MADDOG

The $hitibank case against me was voluntarily dismissed by the Plaintiff's atty months ago after I hung them up with a flurry of motions concerning Jurisdiction, and their abuses of the courts motion practice order, etc., but their voluntary dismissal was without prejudice, of course, so now they're trying to serve me again. This is sort of like playing chess until you can see that your opponent is about to check mate you, then wiping all the pieces off the board and trying to start a new game.

The court's process server gave up after several tries, but now a sheriff's deputy is really making a campaign out of it... parking in our driveway in front of our locked gate once or twice a day and leaving his card in our mailbox and leaving voice mail asking "someone" to call him back but not saying what about. Of course I know what it's about. I found the case in our local court's website and can see that the first summons was returned unserved, and now it has been reissued. This sheriff's deputy is much more determined than the court process server was. So far we have managed to avoid him.

Here's my question - It is my impression that my right to remain silent should allow me to ignore his honking at my gate, and ignore these voice mail messages and refuse to call the deputy back or respond to his card, right? I am under no obligation to willingly present myself so that the deputy can serve me with this civil lawsuit again am I? After all, I haven't broken the law. This is a civil matter, not criminal (unsecured debt), and the case has already been dismissed once. Why should the plaintiff be allowed to ignore a judge's order to respond to my motion, and then voluntarily dismiss the case only to start it all over again?

Our rules of civil procedure stipulate that a matter involving more than, I think, $10,000 cannot be served via publication, so they have to do it in person, and the sheriff's deputy is making far more than the usual three attempts. I think he is pi$$ed off about being ignored and is making an extra effort - so far to no avail.

I've heard that they are only required to make 3 attempts, but this deputy has made two per day for two weeks.

You can still sign for it by writing across the summon,"Refused for cause without dishonor without recourse." By law you have 72hrs to Reject any contract from any person or anywhere.