My friend and former roomate has been in the hospital for over a month because of a critical pregnancy and the doctors are hoping to avoid delivery for at least another month. As a result, no one has been at her house to receive her subpoena to small claims court (her boyfriend is at work or with her). I'm assuming the server got my address from public records as her most recent former address. He has been to my house looking for her several times. He threatened to leave it on the doorstep as a form of legal delivery until I told him she didn't live here. Once he said he knew she had mail coming to my address (not true, except for the very occassional piece of junk mail, she hasn't lived here for almost 5 years) and now I'm wondering if he's looking through my mail. He showed up at 7:30 am today and threatened to tell the judge I wasn't cooperating. Is there any legal penalty to myself or her for not taking this subpoena? She wouldn't be able to attend the court date now anyway.
2007-08-16 13:43:46 · 7 answers · asked by rose 1 in Politics & Government ➔ Law & Ethics
Proud*Marine*Wife- I shouldn't have to "deal with it"! It's technically not my problem and They told me they went to her address first so I know that they were not "given" my address as her primary mailing address. That's why they didn't leave it with me when I told them she didn't live with me. They just keep harrassing me for information.
For anyone else answering- Yes, she agrees that she needs to deal with this, but her situation is really making it difficult. She plans to defend herself because she feels that she is going to win. But she is definitely going to need more then a 30 day extension. These people are not the type that can be negotiated with. They have already been made aware of her circumstances and they are relentless. I won't tell them exactly where they can find her because I want to help her and she doesn't need any extra stress.
2007-08-16 14:26:20 · update #1
If you were interfering with a criminal investigation, that's different. You aren't obligated to talk to a civil case process server. All you have to do is tell him she doesn't live with you, and that's the end of it. In fact, he may be harassing you. He wasn't threatening you. In some states, all he has to do is leave it at the place of residence.
If she is finally served in whatever way is legal in your state and she just doesn't show up, they can get a default judgment against her. The unpaid judgment can show up her credit report, her wages may be garnished or her property attached. The judgment will be for more than she owes, since it will include court costs, and may include interest and fees.
Once she's actually served, she can ask the plaintiff and the Court for an extension based on her condition. She can probably get a 30-day extension, but may not get more than that.
She obviously is dealing with a very stressful time, but whatever the problem is shouldn't be ignored or it will lead to greater stress. Maybe her boyfriend or family members can help negotiate something with whoever is trying to track her down so that her friends don't have to deal with this stuff.
2007-08-16 14:09:48 · answer #1 · answered by Neonzeus 3 · 1⤊ 0⤋
This is a question for an attorney or other legal advisor. I really don't think you can be prosecuted for refusing to take some else's subpoena, but it might depend on the state you live in and whatnot. The person being served the subpoena should be notified as to the situation, and seek legal representation even if she herself cannot attend the court date.
2007-08-16 13:50:27 · answer #2 · answered by pbnj4ever 2 · 1⤊ 0⤋
If your address is the address the court has, then they can try to serve her as many times as they want. The cop isn't going through your mail, he is given the address to deliver it to, and he goes there. All he has to do is post it on your door, and then mail a copy, and she will have officially been served. Also if you took it from him, it would be substituted service. You can get into trouble for not cooperating. Deal with it.
2007-08-16 13:54:34 · answer #3 · answered by .. 5 · 0⤊ 2⤋
I am not aware of any jurisdiction that requires you to cooperate with a process server and it is extremely doubtful a judge would even be interested in this situation.
2007-08-16 13:54:31 · answer #4 · answered by Carl 7 · 2⤊ 0⤋
The server is being a jerk. If you take the subpoena service will not be proper.
Tell him that she doesn't live there and if he persists you will call the police and have him arrested for tresspass.
2007-08-16 13:53:39 · answer #5 · answered by Anonymous · 2⤊ 0⤋
You have no responsibilities in this case legal or moral. The fact is that people who deliver supeonas do not get paid until they deliver. Don't fight her battles and know that nothing can ever happen to you.
2007-08-16 13:48:58 · answer #6 · answered by Anonymous · 2⤊ 0⤋
I live in Florida. A server has left a suubpeona two times I am told at my house. I was not home. Can I go to jail since I wasn't home to answer them? I have a lawyers appointment on the same day as their deposition. What should I do?
2016-07-02 07:58:03 · answer #7 · answered by Char 1 · 0⤊ 0⤋