Service of process - What is the best way, have the Sherrif or Marshal do it?

I am thinking yes. I am helping an elderly couple (neighbors) fill out some small claims court paperwork in order to hopefully get them $2,500.00 back for services that were not rendered. I kind of like the idea of a Sherriff or Marshall serving the papers over using a service processor or someone else. Why? I am thinking the defendent would be more likely to sign the service of process (copy of lawsuit) while facing a cop. I also don't like the certified mail thing either.

Any comments would be appreciated!

thanks,

Abner :smile:

 

I always use the Sheriff for service especially for the reason you gave. It's best to phone,fax, e-mail and deliver by regular mail and certified mail (return receipt requested) to the defendant to show that you've use every possible way to notify and resolve the conflict. Best of luck to the elderly couple. It's a shame some people try to take advantage of senior citizens.

 

Service of process thread - was it closed in error?

The papers would be served to a guy who likes to rip off seniors. The Marshal would not be serving/processing papers to kick people out of their homes.

Abner

 

Thanks for taking care of it.

Abner

 

I sent the guy an email on this couples behalf. I didn't expect him to reply, but like a dummy, he did. He stated that he would reimburse the money since no services were rendered (repeating my language). I told him to remit payment ASAP. I did not bother with fax, phone or email because I have his email stating he would pay.

24 days elapsed. I then sent him an email with a second request giving him until 7/30/12 to pay. I printed out the emails, copies of the checks he had cashed, etc. I then copied everthing and sent it to him via trackable USPS mail. I also printed out the history of the 2nd request I sent to his home, and the records from USPS showing that it arrived, time date, etc.

Anyway, shouldn't that be enough? He already admitted he owed the money in writing, and he was given a second request. I don't think I or this couple should bother calling this guy, as he has ripped off other people. So I know he will not pay willingly.

What do you think Sideman? I have been helping out because they have trouble getting around.

Abner

 

This has been my experience too. You're not really getting the "Marshall" you're getting some guy who works for the Marshall's office. He'll be wearing jeans and a t-shirt. No badge, no gun, no intimidation factor. It may be different where you live but where I live they don't waste real police time delivering paper.

 

Not out here. They send armed marshalls or sheriffs. There is a nominal fee involved.

Abner

 

OK well then there's two more things for me to say . . .

1) That's one reason your taxes are so high.
2) Given your goals, your course seems clear.

 

Well Abner it sounds like you've made every possible attempt to reconcile this out of court. You've documented everything which is key. You just need to serve him with the papers and hope he shows up for small claims court. If he's a no show and/or your friends win; if he has any property they can put a lien on it. However the plaintiffs will have to wait until its sold to collect. Unfortunately your friends might not be with us when this happens. I wish there were a better way to nail this guy.

 

An unpaid lien may prevent this guy obtaining credit,loans and possibly a job. You might mention that in any future correspondence.

 

No problem. The husband Hank (a crew cut Marine) doesn't care how long it takes, just so that it makes a thorn in this crooks side. I went by the court house yesterday and picked up the necessary forms for them. All Hank has to do know is wait for the deadline. If the guy doesn't pay, then the process will start. Ian brought up a good point about the background check, credit check issues as well.

Thanks everybody!!!


Abner

 

When someone tried to serve me a while back, they sent the deputy to a place where I'd lived long ago. Current occupant is an East European refugee who escaped from her communist country many years ago, was tried in absentia, and sentenced to 25 years in prison. You can imagine her reaction when she answered the door to find a uniformed deputy with a gun (not drawn). Welcome to America.

 

Oh man! I can only imagine.