Proper Service?

Discussion in 'Credit Talk' started by CaliGirl, Jul 13, 2002.

  1. CaliGirl

    CaliGirl Well-Known Member

    I was at my friend's house when someone came to the door. it was a process server and he left the papers with me!

    I am not related to the person being served in any way. Is this legal?
     
  2. LKH

    LKH Well-Known Member

    It could be depending on your states laws. Some states you must serve it directly to the defendant, some say you can leave it with someone at a home address, some say you can leave it with anyone at a place of employment. You need to check your states rules of civil procedure.
     
  3. GEORGE

    GEORGE Well-Known Member

    He should have asked if you are JANE SMITH???

    I don't know what affect that has on the "SERVICE"...
     
  4. Sequitur

    Sequitur Member

    Probably legal - process servers can serve someone of "suitable age and discretion," and not necessarily the named defendant so long as it is the defendant's home. You'll need to review the service of process law for your state.
     
  5. whyspers

    whyspers Well-Known Member

    Depends. Some types of summons require personal service...others don't. For example....a matrimonial matter in NY requires personal service. We recently had a deputy sheriff serve a girlfriend in a divorce matter...lol. He had to go back and re-serve it to the defendant because it required personal service.




    L
     
  6. tac14033

    tac14033 Well-Known Member

    In PA small claims court the summons is sent certified and registered us mail.

    I found it funny that I didn't have to list the person's name for the suit I only had to list the name of the company and anyone who signs for it at the company means they have been properly served.

    Go figure, here I was worrying about if the CEO would sign for it or refuse the correspondence from the court. Haven't run into a problem yet with anyone not getting my summons via certified mail.

    In your case not really knowing your state's laws for serving I can't really comment, but...

    these people do this for a living and know their job pretty well. They are getting paid by the plaintiff to do this job competently, I'm sure they wouldn't have left it with you if they didn't feel the defendant wasn't properly served. They must sign and swear to the court and the plaintiff that this summons was served in accordance with your state's laws.

    I'm sure they wouldn't purjure themselves.

    Tac
     

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