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To: AmericaUnited

I think there is a requirement that the papers actually get into the hands of the target or their representative. If the papers are mailed, she can say she never received them. Its best to pay your local sheriff to do the dirty work for you.


21 posted on 02/22/2008 6:51:30 AM PST by LetsRok
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To: LetsRok
I think there is a requirement that the papers actually get into the hands of the target or their representative.

Actually, no. There is such a thing as "drop service". If you have someone who refuses to take the subpoena from you, you can drop it at their feet and complete the service that way. Especially if this is done at a public event, she can't say she wasn't properly served.

33 posted on 02/22/2008 7:02:36 AM PST by CA Conservative
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To: LetsRok
Its best to pay your local sheriff to do the dirty work for you.

Calling Joe Arpaio....

52 posted on 02/22/2008 7:26:38 AM PST by Wil H
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To: LetsRok

“I think there is a requirement that the papers actually get into the hands of the target or their representative.”

Not in California. What the judge is going to look at is the Declaration under Penalty of Perjury of the process server, and compare it to what the target says.

An example: Target is dodging service and has a fancy security system at apartment, but does answer phone calls.

Process server approaches front door of target’s apartment. Process server’s accomplice calls target at target’s home phone. Process server hears phone ring and hears target answer it. Target identifies himself to caller — irrespective of whether process server hears the actual name — process server can hear target talking.

Process server knocks on door, says “Mr. X”, I have legal papers for you. I am leaving them at the foot of the door. You have been served”.

Process server and accomplice file declarations under penalty of perjury laying all this out. Service is good even though the process server never even SAW the target.

Judges don’t like service dodgers and they aren’t going to listen to bogus arguments.


60 posted on 02/22/2008 7:42:38 AM PST by Flash Bazbeaux
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To: LetsRok

I believe that once the papers are in the hands of the U.S. Postal service delivery is assumed and service is effected. At least that was the case years ago in New York.


110 posted on 02/22/2008 8:29:39 AM PST by CaptRon (Pedicaris alive or Raisuli dead)
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