Avoiding service of process

[logos]

MADDOG,

As has been stated before on this board, you don't have to take any paperwork from anyone, anymore than you have to answer the door or phone, when someone knocks or rings. After all, to take accept something from one who is handing it to you is a voluntary act, right? (offer + acceptance = contract)

By accepting the sheriff's paperwork, you'll become a surety for the fictional DEFENDANT in the same way that accepting an article of mail makes one a surety for the contents. If you don't think the paperwork is either rightfully yours, properly addressed to you, or you wanted the liability, why would you accept it? Would you accept mail addressed to your neighbor? By doing so you've placed yourself under their jurisdiction.

Also, the sheriff doesn't know for a fact you are the party stated on the paperwork; it's just a presumption they'd like to get you to agree to, as it makes their job easier. Only we can say who we are. This can be done by both word and, in this case, deed.

[masterduke]

Right On Logos!!

[MADDOG]

If you file a harassment action, or any other sort of court action, against him, it means that there will be a time when you and he are both in the courtroom for the action that you started, and that's when he can serve you with the summons!

EXACTLY. This is why he knows he can probably afford to cross the line legally.

You can evade service but some of these process servers can be very persistent and ingenious.

So far he's been persistent but not particularly ingenious.
Since it is in no way illegal to avoid service, I'll just continue to do so and see what other methods he dreams up. I'm buying time and finding out what their most persistent SOP is. I can't be penalized for making it difficult for him. I am under no legal obligation to respond to him.

The day may come when you will kick yourself for not simply accepting the service when it could have been done by mutual convenience.

Why? In what way will making it inconvenient for the process server ever hurt me? This way I'll find out what other little tricks he might pull, and how long they will persist. The more time I buy, the closer I will be to the Statute of Limitations running out on this debt collection process. If he succeeds in serving me one day, that's when I'll consider filing harassment litigation, and busting him for putting his card in my mailbox, right? When I have nothing to lose.

In the mean time I log all these violations, and I play cat n' mouse with him. I have a long straight road in front of my property, and I can see if anyone is coming when I pull out or get ready to turn in. He's not too likely to catch me coming and going. He can't trick me into answering the phone or responding to the card in the mailbox, either. The sheriff's deputy card doesn't intimidate me - I'm not a criminal. This is a civil litigation matter.

Does anyone know if the plaintiff has to pay extra for protracted attempts at service of process by a sheriff's deputy?

[charlene]

The sheriff and the cc company are trying to RE-CONTRACT with you. Do not respond to them. If you respond it re-opens the orignal contract. Any mail that you receive from them please- return to sender as "I do Not Recognize"
If you wish to contract back to them you have the option of AFV returned for value. You also could write a letter of opened in error, I do not understand what
this document is saying It is mail fraud to keep someone else's mail etc.
You have many options here.
Charlene

[idknow]

Originally Posted by logos

MADDOG,

As has been stated before on this board, you don't have to take any paperwork from anyone, anymore than you have to answer the door or phone, when someone knocks or rings. After all, to take accept something from one who is handing it to you is a voluntary act, right? (offer + acceptance = contract)

By accepting the sheriff's paperwork, you'll become a surety for the fictional DEFENDANT in the same way that accepting an article of mail makes one a surety for the contents. If you don't think the paperwork is either rightfully yours, properly addressed to you, or you wanted the liability, why would you accept it? Would you accept mail addressed to your neighbor? By doing so you've placed yourself under their jurisdiction.

Also, the sheriff doesn't know for a fact you are the party stated on the paperwork; it's just a presumption they'd like to get you to agree to, as it makes their job easier. Only we can say who we are. This can be done by both word and, in this case, deed.

Logos, there is a fundamental error in your post above:

1. mere presentation of text-of-contract (subpeona) does NOT become a consummated contract.
It is ONLY an offer.

2. Acceptance of offer (agreement by all parties recieving text-of-contract) consummates
when all terms are known, each party joins willingly, and, voluntarily.
With out these three elements, there is NO contract.

3. So, responding to your second paragraph, just going out to meet the Deputy to accept
the papers he wants to deliver does NOT cause a contract to exist between parties:
ie, between MADDOG and the court nor the plaintiff wanting to contract with Maddog!

the rest of your post, resting on your first two paragraphs is therefore moo.

Thank you.

[Shoonra]

A summons to appear in court is NOT a contract, and once you have been served with it, you ignore it at your peril. Judges have no sense of humor when it comes to ignoring orders to appear in court.

And, yes, it is possible for the process server to make it inconvenient and embarrassing for you if you want to be a hardcase. He could, for example, serve you where you work, in front of coworkers and customers. He might even be able to do it in church. Process servers have been known to block driveways at some ungodly hour and not let someone get to work until he accepted delivery of the process.

[David Merrill]

Process servers are only required to be over 18 years of age and not interested in the case. That is why after three attempts of uninvolved attempts the process server will simply write an affidavit of attempted service and return that to the client or court.

However the System is full of people like Shoonra. She is pulling your leg with that no contract notion. Of course it is a contract offer! It simply states that if the court has jurisdiction, and you do not appear then the decision made there will likely be against the party named on the summons.

I am a little confused by the sequence of events. How come the court has jurisdiction with this new action when it had no jurisdiction with the last action?

The summons is simply a notice to appear - a notice. Refuse the notice for cause in a timely manner. It is more of a burden to get a notice in the mail to the FIRST MIDDLE LAST trust entity because then you have to appear by opening it if you really want the intelligence. If you do not mark it "Return to Sender" and "Not Residing Here" and then you take it down to the Post Office with a copy of the unopened envelope, getting a rounddate on your copy for evidence you got it back in the mail, then you just R4C in a timely manner. Provided you do not like the terms of the contract.

Shoonra must think the State, County and federal governments are sovereign over people.


Regards,

David Merrill.

P.S. In a similar matter recently I suggested the man put the papers that defeated the former matter into the current fresh action by certified copy - along with his R4C. That saved him having to do it all over again.

All these slick attorney types do is refile with different amounts and maybe even changing the spelling of the defendant etc. But the Brethren at the bench will see it as a new action. It will have nothing to do with the action a few weeks before when you defeated jurisdiction.

[idknow]

whatcha wanna bet tht the server is somehow interested?

isn't that called a kick-back?

[mikah2k]

....................

[Shoonra]

Some people insist on learning things in the most expensive way possible.