Refuse Service of Summons

Discussion in 'Credit Talk' started by t_sims224, Jun 30, 2003.

  1. t_sims224

    t_sims224 Well-Known Member

    Does anybody know anything about refusing to accpet service of a summons. I want to know if anybody knows what can happen if you don't take the summons from the sherif. What i am think is that they can't get a default judgement if you never accept service of the summons. Any ideas on this????
     
  2. lbrown59

    lbrown59 Well-Known Member

    You cant refuse it?
     
  3. t_sims224

    t_sims224 Well-Known Member

    Re: Re: Refuse Service of Summons


    Why not???? Is there a law that says you have to take something that someone is giving to you. I mean if i try to hand the officer a bag or a paper, he does not have to take it. So why does anyone else have to take anything from them. It is not a warrent. Any ideas. what i am think is if you never accept something or have knowledge of it can you be responcible for it?????
     
  4. ms6073

    ms6073 Well-Known Member

    Re: Re: Re: Refuse Service of Summons

    If the person or officer serving the summons verifies your address but finds that you have refused service, the summons can then be served by other, less obvoius methods! In this instance, service by publication - publishing the summons in your local newspaper - is an acceptable means of service in many venues.

    Refusing to acknowledge an instrument of the court, in most instances, means that the party that filed suit can seek to declare you non-responsive which then opens the door for summary judgement. Stop beating around the bush - take the summons and either retain a lawyer or research the case, file a response with the court and make the other party do some leg work. Most of the time when creditors are awarded judgements, it is simply due to the fact that the debtor fails to respond and the creditor gets a default judgement in the absence of the debtor!


    Michael
     
  5. Butch

    Butch Well-Known Member

    Re: Re: Re: Refuse Service of Summons

    You'll get the same answer here as you got on CB, 3 days ago.
     
  6. t_sims224

    t_sims224 Well-Known Member

    Re: Re: Re: Re: Refuse Service of Summons


    hehehe. You know i got to poLL the people Butch. the more opinions the better. It is just an interesting thought. You can't be responcible for what you don't know. It is a bit technical
     
  7. keepmine

    keepmine Well-Known Member

    Re: Re: Re: Re: Refuse Service of Summons

    Something tells me you won't rest until you totally FUBAR'ed this thing.

    Again, you're wrong. You canbe held responsible for what you don't know-particullarly if you've made a conscious effort to not know.
    If your thought process were correct, all ca's and cra's would need do is refuse to pick up CRRR mail. I mean, we didn't know you'd sent a C&D. Or, they could justfire their registered agent and not answer the front door for the sheriff. But judge, we didn't know we'd been sued.
    At the end of the day, you're free to make any argument you please to a judge about the process and service. The problem you'll have is the judge doesn't have to buy the argument.
     
  8. pnwman

    pnwman Well-Known Member

    Re: Re: Re: Re: Re: Refuse Service of Summons

    Have you ever gotten a traffic ticket or been to traffic court? There is no question here. Ignorance is not considered a reason for not complying with the law.
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Refuse Service of Summons

    Because the law is based on did they serve or not .
    I'ts not based on wither or not you accepted or rejected the service.

    If the officer drops the summons on the ground at your feet you were served.

    it makes no sifference what you do or don't do with it after that point.It still does not change the fact that you were served.

     
  10. SoParkDiva

    SoParkDiva Well-Known Member

    Re: Re: Re: Re: Refuse Service of Summons

    Lol! I'm sorry but those 2 statements were funny! =)
     
  11. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Refuse Service of Summons

    1*If its the household member's fault -- sue them
    2*The creditor should not pay for the wife/husband/son/daughter's fault!
    3*And you want to talk about fairness. I think what you mean to say is whatever helps me.
    rocket1977
    ==============
    1*Yeah the perfect solution.
    2*The unaware defendant should not pay for this fluke in the law either.
    What's wrong with fixing the law?
    3*No I am talking about right and wrong.
     
  12. ikya

    ikya Member

    Re: Re: Re: Refuse Service of Summons

    lbrown is right.

    Service can be affected in many ways, depending on your states process service laws.

    Some options:

    Service made personally to you.

    Service made to anyone that is of age at the address and verifies you live at that address or that you get your mail there.

    Service by identifying you are "Joe Blow" and dropping it at your feet, if you won't take it by hand. (It's funny, and believe me, it happens alot)

    Service by posting it in a conspicuous place (front door) of your abode.

    Service by any of the above, which is your last known adress.

    Service by publication in the local newspaper of your last known address.

    Keep in mind, service does not neccessarily have to come from a law officer. It could be a 18 yr old kid or a 60 yr old woman (aka process server)

    If they figure you are ducking them, they can simply wait to catch you getting out of your car, in the grocery store, at work, etc. I've seen some pretty ingenious ways of getting people served. Take for instance, one person, acted like they had a package delivery. The person being served, thought it was a courier delivering a package...he opened the door, and he was served. Needless to say, he wasn't happy, because he had been trying to avoid being served...and he simply got outsmarted.

    People are just too curious...:)
     
  13. jlynn

    jlynn Well-Known Member

    Speaking of dropping at feet LOL

    Did anybody see a video the other night? Process server was chased by the servee with a bball bat. He jumps in car. She proceeds to bash in the windshield, side glass, and make several nice dents in car.

    Come to find out it wasn't his car, it was just the closest and he jumped into it for safety!

    When the servee left, he got out of the car, and jumped in his truck which was across the parking lot from his car!
     

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