Proper Service?

I am looking for proper service procedures for Virgina. Any one know where I might find this?
I came home to find a summons TAPED to my door :confused: . I can not believe that this would be proper service for a GD court.
Thanks

Greetings 1sissygirl,

Check the Virginia Rules of Civil Procedure. I believe it is Rule 4 that deals with service of process. And yes, I've seen where a process server will leave papers "at his/her residence" and attest as to such in their return. The buzz word here is "residence", as only slaves "reside". Do a search on proper "service" or "process" on this site for more insight.

Sincerely,
truth

http://leg1.state.va.us/cgi-bin/legp...0+cod+8.01-296

If I were in your shoes, I'd deny by affidavit being a natural person.

I am not a natural person, because Almighty God created me, (Gen 1:26-27), and I derive my rights and being from Almighty God, not nature or the Commonwealth of VA.

Then I'd file a Motion to dismiss, stating that they failed to obtain jurisdiction over the person they are after. (I don't know the VA code, and am not advising you.) In NC, It would be Rule 12(b)(2) that I would mention as their failure.

I'd state my name in upper and lower case letters as being spelled correctly, and deny corporate existence.

I'd claim all of my rights at all times, and waive none of them for any cause or reason.

If it were a financial issue, where the amount is over $500, I'd claim the protection of the Statute of Frauds, Section 72 AmJur 2d et seq.


This is not advice, just what I would do if I were in your situation. I am not a lawyer, and cannot advise you. If you want legal advice, contact a (cough) lawyer.

Thanks Truth & Henry. As I said earlier there was summons taped to my door to appear in GD court. I already checked it out through the court and it is a real summons. This stinks....I am in the process of getting ready to appear although I think this is a scare tactic. The bully is a law firm hired by the OC. The OC has, in my mind, already went against their own policies by not arbitrating and going straight for the court. Which is fine with me due to at least in court I have a fighting chance. The bully got p*^&ed off when I wrote and told them to back off because I had already arbitrated the matter with the OC. And just because they did not like the out come ( in my favor) did not mean that they have any legal right to keep prosuing me. And that I was going to start holding them personally liable. Then BAM they fired this summons crap off.
Any thoughts???

[logos]

I believe a summons is an invitation that becomes binding if not refused within three days. Your silence would indicate there's a dispute you'd like the court to settle for you. If you send a party invitation to someone and said person doesn't decline in a timely manner, wouldn't you assume said person would appear? I know this may be easier said than done. I'd like to know what results people have had in rejecting such invitations within the 3-day window.

Greetings,

We simply had a third party send the paperwork back to the clerk of court explaining that no such person resides at this address and we don't know what you are talking about, here is your paperwork back. (in our case the court had a issued a ruling to provide service by mailing to last known location or other means, they gave the docs to a minor outside a locked gate leading to the supposed destination)

What we sent back was a blend and modification of the following. Sorry, it is jumbled as it was derived from many sourses, but you can figure it out. Results? No more attempts at service and a stalemate on process. "No service = no process in case"

----------

1
A minor inadvertently received these enclosed documents by mistake. The enclosed documents, which appear to be legal documents, are not understandable or recognizable, and, under the penalty of false personation they are herewith returned. The enclosed herein contains the aforementioned and mis-directed documents, as there is insufficient knowledge or information disclosed to form a responsive answer. Said documents are thereby returned forthwith.

The enclosed documents were inadvertently received, and opened by mistake. Said enclosed documents, which appear to be [describe], are not understandable or recognizable, and, under penalty of false personation must be returned. The enclosed herein contains the aforementioned and mis-directed documents, as there is insufficient knowledge or information disclosed to form a responsive answer. Said documents are thereby returned forthwith.

Or

2
I inadvertently received the enclosed document(s) which appear to be________________________________________________ ____I do not know what this is all about. I do not understand or recognize these document(s). I do not have enough knowledge or information to form a responsive answer. So I am returning these document(s),

Instructions: Place documents to be returned in a new envelope. Address new envelope with document sender's address; also use this address as the return address. DO NOT use YOUR name or address on this envelope; do not use any headings or signature on your response. The object is to return the presentment in the most neutral non-committal manner possible. Do not rebut the issue or address anything in their documents. You simply return unwanted presentments. This is simply a misdirected posting being returned to the sender.

Note: And yes, they may try again, they will be sent back again. I have a first hand report of the Sheriff directly serving summons on a party, the process was sent back and that was that. No case, no warrant, no record, no nothing.

Bob

A few days after finding a summons to appear in my county GD court taped to my door the same summons was sent to me in the mail. Is this proper service? I always thought that a sheriff or nonaffilated party had to personaly hand a summons to you.

As I see it, it's a case of hot potato. Who has service and who does not. Send it back as per above, no matter how received. IMHO.

Does this totally resolve the underlying problem? Well, make your own determination. But if they can't proceed, then they can't proceed.

They have to finalize service of process before they can proceed. Simple as that.

Bob

[meme62]

Greetings All,

I have been visiting this site for a little over a year and I have gained much knowledge. I have recently filed my UCC-1, POA, Trademark/Copyright. This is my first time posting so please be kind.

A lot of what I have read has been interesting and helpful. I still have questions as to my personal filings and how I will go about declaring my Sovereignty.

Since I have filed, I have not registered my car, I do still have DL, SSN, and I file 1041. (Have not gotten stopped my OFFICER)

My question is Will my filing the 1041 result in a check? I sent a Commercial Affidavit back in October and then sent in a 1041 last week.

Can someone answer this? If you need more clarity I can supply.

In gratitude,

meme62

[theghost]

Originally Posted by logos

I believe a summons is an invitation that becomes binding if not refused within three days. Your silence would indicate there's a dispute you'd like the court to settle for you. If you send a party invitation to someone and said person doesn't decline in a timely manner, wouldn't you assume said person would appear? I know this may be easier said than done. I'd like to know what results people have had in rejecting such invitations within the 3-day window.

Logos is correct. I have returned numerous summons in this manner, and that was that. It is an offer in commerce, and you can reject it in 72 hours, contract law, pure and simple. I never heard from them again. 1sissygirl, you also need to deal with the debt collector with a VOD, which is a written dispute of the alleged debt. Do you have a contract with the debt collector attorney? I didn't think so. If you'll look at the statutes in your state, under process, it will outline proper service. My guess is that you will see something like "Service for Individuals" and another section covering "Service on Corporations", which is what they consider your strawman, which is why they feel they can tape it to your door. I'm not saying you are an Individual either. This is how the code is written in Illinois. I'm also not saying for you to get all tangled up in the code either, just to be aware of why they act in certain ways. Only YOU know who you are.
meme62, you should have started a new thread for your questions. My short answer to your question would be; we need a lot more specific info in order to guide you. If done properly, the 1041 is a fiduciary return, and "should" result in a check, but I know nothing of what you've done, and we are talking about an organized group of liars, thieves, and murderers with guns. So....???