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Thread: Question about serving papers

  1. #1

    Question about serving papers

    I have a question. If a process server is asked to deliver documents to someone at an address other than their place of residence, and someone else (who is also not living there) opens the door and except the documents. Is this person considered served? I am going through and looking at different scenarios and was wondering if there is an answer for one such as this.

  2. #2
    Kanda Force is offline
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    Good question, Denetra.

    I am not a process server. But....I am guessing it depends on the laws in your state. I'm confident someone with more experience will be along soon to assist you better.

    Meanwhile, you might want to check out the Process Servers forum. You may find some information there.

  3. #3

    Thank Kanda

    I appreciate your response. I will check out that forum again. I didnt see the exact answer to the question but maybe someone has answered since I last visited.

    Denetra

  4. #4
    Valentino Raboteaux Guest
    416.70. A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.



    416.80. When authorized by Section 11 of the Elections Code, a
    summons may be served as provided by that section.



    416.90. A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.

    Hope this helps.

  5. #5

    Thanks

    Thanks for this information. It does help.

  6. #6
    Hi
    I just wanted to jump in and say thank you to all who have posted questions and answers as well as the state laws. You have answered so many questions for me. I learn something new everyday and it is so exciting.

  7. #7
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    Cool Giant gray misty cloud

    Process service is such a gray area and this is one of the reasons. You serve a target and the guy says he didn't get served. What's he going to do, show up in court to claim that you served his roommate by accident? Well, there he is, in court. You did your job.

    The correct answer in general to your question is, no, sometimes, and/or maybe.

    You should serve your target, period, unless they are: a minor; in a penal or psychological institution; under the supervision of a guardian-executor-administrator-etc.; or something quantifiable. My rule of thumb was, I serve the person unless there is a piece of paper signed by a judge or someone qualified such as a social services administrator saying that person is not available to be personally served or is not mentally capable to deal with the issues involved.

    Does that mean I never gave the paper to a wife, roommate or child? Not at all. We just had a case where we had to serve 12 papers within 24 hours for a hearing in less than 96 hours. Three papers were left with husbands or wives and one was left with a teenaged son who looked to be very responsible.

    Could they have contested the service? Sure. But why?

    Even in standard services with plenty of time on the clock, there might be gray areas. Very rarely, if the person who answers the door knows everything about the case, seems honest and says the target will get the subpeona and will appear, sometimes I'd leave the paper. I would also get the name of the person answering the door and ask them to sign for the document. Not legal, but I never had anyone say, "The target didn't show up for the hearing so we're suing you."

    Now, when addresses change or while serving someone at work, that changes the picture. You should specifically serve the individual and, in general, not trust anyone involved.

    Unless the person is moving from one palatial suburban home to another, the move is most likely signs of economic, emotional and personal instability. I'd want to put that paper right in the hand of my target.

    The case you describe makes me scratch my head: Target is to be served at a residence other than the target's residence, and first contact at this location is with someone who doesn't reside there or with the target.

    Do you leave the paper? Well, if the first contact person is a tatooed, spiked haired freak with an odd number of teeth, probably not. If it's granny, she knows what it's about and seems to be on your side, maybe.

    But in a case like that, I think I'd want to put the paper right in the hands of the target, and maybe even ask for an ID. I'd also ask if the client wanted me to spend extra time to make sure the right guy got served, maybe have someone run his plates or provide a physical description.

    In a situation like this, I would expect to at least ask to make a few more bucks on the deal. And I would deliver the goods, a paper hand delivered to the target.
    JPL

  8. #8

    Re: Giant gray misty cloud

    Originally posted by Jim Lyons
    Process service is such a gray area and this is one of the reasons. ....
    The correct answer in general to your question is, no, sometimes, and/or maybe.
    Greetings Jim,

    You have done an excellent job of summing up a great many of the gray areas in PS.

    I am about to start serving papers in my state of Florida. You gave me some food for thought. I like what you said so much that I printed it out and taped it to my wall.

    In closing, keep up the good work. You took some of the stress out of starting something new for me.

    All the best,

  9. #9
    Thanks Jim
    That was very imformative. It really answered alot of questions and well as gave me some things to think about. Thank you....and keep it up.

  10. #10
    Join Date
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    Quote Originally Posted by Jim Lyons
    Process service is such a gray area and this is one of the reasons. You serve a target and the guy says he didn't get served. What's he going to do, show up in court to claim that you served his roommate by accident? Well, there he is, in court. You did your job.

    The correct answer in general to your question is, no, sometimes, and/or maybe.

    You should serve your target, period, unless they are: a minor; in a penal or psychological institution; under the supervision of a guardian-executor-administrator-etc.; or something quantifiable. My rule of thumb was, I serve the person unless there is a piece of paper signed by a judge or someone qualified such as a social services administrator saying that person is not available to be personally served or is not mentally capable to deal with the issues involved.

    Does that mean I never gave the paper to a wife, roommate or child? Not at all. We just had a case where we had to serve 12 papers within 24 hours for a hearing in less than 96 hours. Three papers were left with husbands or wives and one was left with a teenaged son who looked to be very responsible.

    Could they have contested the service? Sure. But why?

    Even in standard services with plenty of time on the clock, there might be gray areas. Very rarely, if the person who answers the door knows everything about the case, seems honest and says the target will get the subpeona and will appear, sometimes I'd leave the paper. I would also get the name of the person answering the door and ask them to sign for the document. Not legal, but I never had anyone say, "The target didn't show up for the hearing so we're suing you."

    Now, when addresses change or while serving someone at work, that changes the picture. You should specifically serve the individual and, in general, not trust anyone involved.

    Unless the person is moving from one palatial suburban home to another, the move is most likely signs of economic, emotional and personal instability. I'd want to put that paper right in the hand of my target.

    The case you describe makes me scratch my head: Target is to be served at a residence other than the target's residence, and first contact at this location is with someone who doesn't reside there or with the target.

    Do you leave the paper? Well, if the first contact person is a tatooed, spiked haired freak with an odd number of teeth, probably not. If it's granny, she knows what it's about and seems to be on your side, maybe.

    But in a case like that, I think I'd want to put the paper right in the hands of the target, and maybe even ask for an ID. I'd also ask if the client wanted me to spend extra time to make sure the right guy got served, maybe have someone run his plates or provide a physical description.

    In a situation like this, I would expect to at least ask to make a few more bucks on the deal. And I would deliver the goods, a paper hand delivered to the target.
    Now that was an excellent post Jim. Not only did I read it twice but I am going to print it out and use it as starting template.

    Thank you very much
    Will

  11. #11
    Join Date
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    Cool Serving Papers

    Hi Jim Lyons,
    The information that you have listed,is very informative.It has cleared alot of my thougths and feelings that I had on the subject.I have thought about applying for a Process Server,because of the fact that I could probably get my foot in the door alot quicker.
    I feel that this would give me the opportunity to meet so many important people in my community.For example,State Judges,Mayors,and City Counsel.
    So tell me something,where would I start to look for this type of work?

  12. #12
    Join Date
    Mar 2004
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    Maryland
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    16
    Hello to all! What a plethora of information re: process servers. Interesting dilemma, I can see why it can be such a grey area. How does one apply to become a process server?

  13. #13
    Join Date
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    Location
    California
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    Thanks for the helpful information. It seems to me that being prepared & having as much info on your subject before going to serve is really the key to success. Michele

  14. #14
    Join Date
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    Arizona
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    I am looking into applying to become a process server in AZ. I have looked at ther laws in the State and it looks like there are two kinds of servers, private and government. Does anyone know if all states require you to go through the courts to apply as a process server? Apparently, in AZ you also have to pass an exam to get your server license. Is this the same in other states? To those of you who already do serving, can you give me a clue as to what kinds of things besides the code of conduct etc. I would need to know to pass the exam? Thank you in advance for any and all suggestions.

  15. #15
    Join Date
    Apr 2005
    Location
    Arizona
    Posts
    114
    I am looking into applying to become a process server in AZ. I have looked at ther laws in the State and it looks like there are two kinds of servers, private and government. Does anyone know if all states require you to go through the courts to apply as a process server? Apparently, in AZ you also have to pass an exam to get your server license. Is this the same in other states? To those of you who already do serving, can you give me a clue as to what kinds of things besides the code of conduct etc. I would need to know to pass the exam? Thank you in advance for any and all suggestions.






    Quote Originally Posted by Linda Tinker
    Thanks Jim
    That was very imformative. It really answered alot of questions and well as gave me some things to think about. Thank you....and keep it up.

  16. #16
    Join Date
    Apr 2005
    Location
    Arizona
    Posts
    114
    I am looking into applying to become a process server in AZ. I have looked at ther laws in the State and it looks like there are two kinds of servers, private and government. Does anyone know if all states require you to go through the courts to apply as a process server? Apparently, in AZ you also have to pass an exam to get your server license. Is this the same in other states? To those of you who already do serving, can you give me a clue as to what kinds of things besides the code of conduct etc. I would need to know to pass the exam? Thank you in advance for any and all suggestions.


    Quote Originally Posted by Jim Lyons
    Process service is such a gray area and this is one of the reasons. You serve a target and the guy says he didn't get served. What's he going to do, show up in court to claim that you served his roommate by accident? Well, there he is, in court. You did your job.

    The correct answer in general to your question is, no, sometimes, and/or maybe.

    You should serve your target, period, unless they are: a minor; in a penal or psychological institution; under the supervision of a guardian-executor-administrator-etc.; or something quantifiable. My rule of thumb was, I serve the person unless there is a piece of paper signed by a judge or someone qualified such as a social services administrator saying that person is not available to be personally served or is not mentally capable to deal with the issues involved.

    Does that mean I never gave the paper to a wife, roommate or child? Not at all. We just had a case where we had to serve 12 papers within 24 hours for a hearing in less than 96 hours. Three papers were left with husbands or wives and one was left with a teenaged son who looked to be very responsible.

    Could they have contested the service? Sure. But why?

    Even in standard services with plenty of time on the clock, there might be gray areas. Very rarely, if the person who answers the door knows everything about the case, seems honest and says the target will get the subpeona and will appear, sometimes I'd leave the paper. I would also get the name of the person answering the door and ask them to sign for the document. Not legal, but I never had anyone say, "The target didn't show up for the hearing so we're suing you."

    Now, when addresses change or while serving someone at work, that changes the picture. You should specifically serve the individual and, in general, not trust anyone involved.

    Unless the person is moving from one palatial suburban home to another, the move is most likely signs of economic, emotional and personal instability. I'd want to put that paper right in the hand of my target.

    The case you describe makes me scratch my head: Target is to be served at a residence other than the target's residence, and first contact at this location is with someone who doesn't reside there or with the target.

    Do you leave the paper? Well, if the first contact person is a tatooed, spiked haired freak with an odd number of teeth, probably not. If it's granny, she knows what it's about and seems to be on your side, maybe.

    But in a case like that, I think I'd want to put the paper right in the hands of the target, and maybe even ask for an ID. I'd also ask if the client wanted me to spend extra time to make sure the right guy got served, maybe have someone run his plates or provide a physical description.

    In a situation like this, I would expect to at least ask to make a few more bucks on the deal. And I would deliver the goods, a paper hand delivered to the target.

  17. #17
    Do you know of any process serves in Fiji? Please e-mail me at zippyc@juno.com

  18. #18
    This area of work seems interesting, can anyone explain how in what area you would need to contact to see about opportunities?

  19. #19
    Quote Originally Posted by Jim Lyons
    Process service is such a gray area and this is one of the reasons. You serve a target and the guy says he didn't get served. What's he going to do, show up in court to claim that you served his roommate by accident? Well, there he is, in court. You did your job.

    The correct answer in general to your question is, no, sometimes, and/or maybe.

    You should serve your target, period, unless they are: a minor; in a penal or psychological institution; under the supervision of a guardian-executor-administrator-etc.; or something quantifiable. My rule of thumb was, I serve the person unless there is a piece of paper signed by a judge or someone qualified such as a social services administrator saying that person is not available to be personally served or is not mentally capable to deal with the issues involved.

    Does that mean I never gave the paper to a wife, roommate or child? Not at all. We just had a case where we had to serve 12 papers within 24 hours for a hearing in less than 96 hours. Three papers were left with husbands or wives and one was left with a teenaged son who looked to be very responsible.

    Could they have contested the service? Sure. But why?

    Even in standard services with plenty of time on the clock, there might be gray areas. Very rarely, if the person who answers the door knows everything about the case, seems honest and says the target will get the subpeona and will appear, sometimes I'd leave the paper. I would also get the name of the person answering the door and ask them to sign for the document. Not legal, but I never had anyone say, "The target didn't show up for the hearing so we're suing you."

    Now, when addresses change or while serving someone at work, that changes the picture. You should specifically serve the individual and, in general, not trust anyone involved.

    Unless the person is moving from one palatial suburban home to another, the move is most likely signs of economic, emotional and personal instability. I'd want to put that paper right in the hand of my target.

    The case you describe makes me scratch my head: Target is to be served at a residence other than the target's residence, and first contact at this location is with someone who doesn't reside there or with the target.

    Do you leave the paper? Well, if the first contact person is a tatooed, spiked haired freak with an odd number of teeth, probably not. If it's granny, she knows what it's about and seems to be on your side, maybe.

    But in a case like that, I think I'd want to put the paper right in the hands of the target, and maybe even ask for an ID. I'd also ask if the client wanted me to spend extra time to make sure the right guy got served, maybe have someone run his plates or provide a physical description.

    In a situation like this, I would expect to at least ask to make a few more bucks on the deal. And I would deliver the goods, a paper hand delivered to the target.
    Thanks for the advice. It is very enlightening to hear the common sense tips.

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