It is a quarter of a mile to the front door. Can a process server legally open the gate without my permission?
2006-12-31 03:40:34 · 11 answers · asked by PJ 1 in Politics & Government ➔ Law & Ethics
It doesn't matter. If you have effectively moved boundaries out by replacing your front door with the front gate, then all they have to do is stick the notice to the gate in most states.
BTW - they can also serve you by certified mail. Even if you don't pick it up, you are served that way, and to ignore it is contempt of court.
2006-12-31 04:31:04 · answer #1 · answered by Catspaw 6 · 1⤊ 0⤋
Some process servers are Law enforcement officers, they can legally enter your property. if they choose not to enter they will wait until you leave the property and serve you in a different location. They can with the permission of the court post the subpoena on the gate or they can send it Registered letter, return receipt, and be considered legally served!!
2006-12-31 03:50:24 · answer #2 · answered by Smoky! 4 · 1⤊ 0⤋
You are saying Subpoena, not an arrest warrent. I would think if the gate is locked, especially if you have a no trespassing sign, they cannot.
Sometime the issuing officer if a layperson, such as an appointed individual, private investigator, etc., who will be making the attempt if the subpoena officer cannot effect service.
Call the local sheriff's office and ask this question.
2006-12-31 04:27:34 · answer #3 · answered by deanie1962 4 · 0⤊ 1⤋
Yes they can. More over, Any citizen has the right to enter your property to ask for assistance.
Even with a sign of no tresspassing and guard dog on duty, if the dog attack the process server, that server can sue the dog owner.
2006-12-31 04:09:04 · answer #4 · answered by Randy 7 · 1⤊ 0⤋
I imagine the court would say they could. Because the Judge has stated he/she wants you to come answer to him/her. They cannot enter the house for sure. You don't have to answer the door.
That's a really good question. I'm willing to bet that if you had a sign posted "No Trespassing" "Guard Dog on Premises" and they came on your land. If the dog attacked a process server, would they be entitled to sue you since he was doing as the judge instructed him/her...
2006-12-31 03:47:31 · answer #5 · answered by James B 5 · 1⤊ 0⤋
verify with a lawyer. interior the country I stay in it somewhat is legal to knock on somebody's front door (at any hour of the morning) yet going around knocking on homestead windows and annoying curtains be opened would desire to attainable be a civil Tort of trespass, or a minor offence in criminal such as harrassement. on the grounds that she did not in my opinion hand the know-how on your boyfriend she can not coach he have been given it. She assumed via leaving it on the front door steps she had served it. verify what your community rules are; in some places the server needs to truthfully hand the know-how to the guy who's to receive it in my opinion. Like I mentioned get a sprint bit advice on the utility of the regulation concerning this - it somewhat is one difficulty to examine the law it somewhat is yet another to comprehend the way it somewhat is been interpreted via the courts in different cases.
2016-10-19 06:48:01 · answer #6 · answered by corridoni 4 · 0⤊ 0⤋
Put two or three 140 pound Rottweilers out in your yard, post "warning" signs that you have dogs defending the property, and it's a moot point. Nobody in his right mind is going to open the gate.
2006-12-31 04:31:26 · answer #7 · answered by Yak Rider 7 · 0⤊ 1⤋
If it's locked, I wouldn't think so. That would be the same as entering the front door of your house without your permission.
2006-12-31 03:58:55 · answer #8 · answered by Jackson Leslie 5 · 0⤊ 2⤋
yes they can, they have legal authority to contact you wherever you are
2006-12-31 03:54:17 · answer #9 · answered by gunnyhoney1 2 · 2⤊ 0⤋
yes they can
2006-12-31 03:56:59 · answer #10 · answered by kissmybum 4 · 2⤊ 0⤋