he never handed it to me. I kept telling him i was not the person on the paper and i wasn't.. H said Or i checked your utilitys and the last name is different than the last name on the papers. But the first name is the same. He hung the paper on my door clip.
2007-03-10 12:39:50 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you are not the person that is supposed to be served, even if the papers were placed in your hand, the service is not proper. That said, if you are the person he is supposed to serve, you can't avoid service simply be not allowing him to place the paperwork in your hand. If he approached you, confirmed your identity, and told you you were being served, he could drop the paperwork at you feet. Attaching the paperwork to your door may or may not qualify. You need to consult an attorney in the location the service occurred.
2007-03-10 13:48:31 · answer #1 · answered by STEVEN F 7 · 0⤊ 1⤋
If you are not the person indicated on the paperwork, you should return the summons to the court. Otherwise the court will think the real person has been actually served. The court would then enter a default judgement against him/her. And although it could be sorted out later when the person becomes aware of the judgement, it is a major annoyance.
Courts recognise that there is a lot of "sloppy" service. But they will reprimand this particular server if you return the papers proving he has erroneously performed service.
2007-03-10 12:56:12 · answer #2 · answered by Wyoming Rider 6 · 1⤊ 0⤋
Ummmm - if it isn't you, why are you worried? Even if cops came to the door looking to arrest the person it would just be you and you would show them your ID and they would leave.
But..since you are asking here I would say the person that delivered then would swear in court that you said that you weren't the person and then you would be off to jail in an instant.
2007-03-10 13:34:01 · answer #3 · answered by ♥ Mary ♥ 4 · 1⤊ 0⤋
Sounds like you were served to me. They only have to make a reasonable effort to locate you. And they did that, fraudulent name or not.
2007-03-10 13:20:13 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I'd just toss 'em - they do have to serve them in person and be sure they are giving them to the right person - he's gonna lose his job, maybe he already has..
2007-03-10 12:44:30 · answer #5 · answered by Anonymous · 1⤊ 0⤋
not in the state of Florida if he thinks you are in the apt.
2007-03-10 12:49:42 · answer #6 · answered by Streakin' Deacon 3 · 1⤊ 0⤋
You lied , he knew it, you lied again (here) and you have been served....
2007-03-10 12:47:43 · answer #7 · answered by cesare214 6 · 2⤊ 0⤋