Avoiding service of process

[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.

[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.

[masterduke]

Sounds like this boy scout is on a mission! You don't owe him anything nor do you have to comply with his horn honking antics. He must be one of those control freak cop types and he's ticked cause he can't bully anyone. Plus he may get some extra pork rinds for being the delivery boy. If he could step outside of himself and observe how foolish he is acting he would be ashamed (maybe) of himself.

[idknow]

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.

Then complain and research the court opinions and acts of legislature regarding service by anyone, includling sheriff's office personnel

[wargamez102]

...........especially if this bozo Deputy dawg went inside your mail box!

If this critter openned your mailbox and left his/her business card inside, what further evidence would you need to file a written complaint with your postal office (you have the name of the dawg).

In other word's, it is a no-no for the idiot to get inside your mail box, period!

Fry em' in the pan!

Been there, done it, it work's!!!

[MADDOG]

Thanks MUCH to all of you. I've written down that statement I could use above my signature if he catches me in the driveway or in the yard when he comes by:

"Refused for cause without dishonor without recourse."

Do I hand it back to him after signing for it this way? I've heard that they sometimes just drop it at your feet or on your doorstep and consider it served if they catch you or anyone on your property in person, whether you sign for it or not. He can't get to my doorstep, but what if he does manage to catch me on my way in or out the gate? One day he parked there for 15-20 minutes at 6PM, obviously hoping to be in the driveway when I came home from work.

Meanwhile, he actually got the local postal sheeple to put his card in my PO BOX at the local Post Office yesterday and left another voice message on my machine! He was here at my gate yesterday afternoon and again this morning. My dog barked and he just parked there for about 5 minutes. I thought they were only authorized to make 3 trys for $20? And yes, I've wondered if he was being paid extra to keep trying. I'm sure that $hitibank lawyer is royally pi$$ed that I legally cornered him and caused him to dismiss rather than respond to my motions. I'm sure he wants to try again from the beginning now that he thinks he knows my defense strategies.

My paralegal friend told me that the judge likes to clear his docket after the first of the year, and that maybe the case would be closed for failure to serve process if the deputy sheriff process server doesn't corner me within a certain time..... maybe the end of the month?

I wonder. I'm reluctant to do anything aggressive because that would prove that he has the right house, has contacted the right person, has gotten my attention, etc. My address is not at the street or on the house and there is no mailbox here at the gate, only across the street (rural delivery) - and no address on it either. My outgoing answering machine message does not mention my name. He had to go to the local Post Office, find out my PO Box number from them, and then the PO personnel either put it there for him or allowed him to do it. That certainly DOES seem like crossing the line to me. But if I surface and attack his methods, he can say that he made contact, right?

[charlesa6]

Originally Posted by MADDOG

Thanks MUCH to all of you. I've written down that statement I could use above my signature if he catches me in the driveway or in the yard when he comes by:



Do I hand it back to him after signing for it this way? I've heard that they sometimes just drop it at your feet or on your doorstep and consider it served if they catch you or anyone on your property in person, whether you sign for it or not. He can't get to my doorstep, but what if he does manage to catch me on my way in or out the gate? One day he parked there for 15-20 minutes at 6PM, obviously hoping to be in the driveway when I came home from work.

Meanwhile, he actually got the local postal sheeple to put his card in my PO BOX at the local Post Office yesterday and left another voice message on my machine! He was here at my gate yesterday afternoon and again this morning. My dog barked and he just parked there for about 5 minutes. I thought they were only authorized to make 3 trys for $20? And yes, I've wondered if he was being paid extra to keep trying. I'm sure that $hitibank lawyer is royally pi$$ed that I legally cornered him and caused him to dismiss rather than respond to my motions.

My paralegal friend told me that the judge likes to clear his docket after the first of the year, and that maybe the case would be closed for failure to serve process if the deputy sheriff process server doesn't corner me within a certain time..... maybe the end of the month? Anybody know?

I wonder.

Give it back to whoever, serve you the summon. They cannot leave the summon on your door steps, without somebody sign for it or it is no good.
They have to report back to whoever authorized to serve the summon.
Failing to give it to life person, you can easily file the motion to vacate it.

[weishaupt1776]

File a harassment action

[Freedomless]

A postal employee does not have lawful authority to put anything in your post office box, except mail. So who is unlawful here. Would it not be the sheriff's deputy and the postal employee?

[Shoonra]

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!

You can evade service but some of these process servers can be very persistent and ingenious. The day may come when you will kick yourself for not simply accepting the service when it could have been done by mutual convenience.