I don't get a lot of time to write these blog entries (that's good, actually; it means I'm a bit busy), but in reviewing prior posts, I realize I broke a promise that I made last Christmas Day. I don't know if that's better or worse than breaking a New Year's Resolution, but I did it.
I promised to explain two types of "alternate service" that can work to the disadvantage of the party to be served. This obviously won't be news to anyone in the legal profession or any of my clients, but in case you're wondering....
It's almost universally true that in the State of Arizona, if someone wants to serve you with papers, you're going to be served. You can hide, you can choose to not answer the door, or you can try something else, but you'll get served.
That's because our state's laws provide two means of alternate service, i.e., if you can't be served by normal means - and this is true whether it's your fault or not that you can't be served in the normal way.
The first is service by posting. If you have an address and the process server's been there a number of times - or sometimes even once - and you haven't answered the door or you're just never home, the other side can file an affidavit and the judge will sometimes issue an order that allows you to be served by the process server (that would be me) taping the paperwork to your door. They do that and you're served, but this could be a real disadvantage for you, for reasons explained below.
The other alternate service method can also work to your detriment. That's called service by publication. If you have no address of record and you've deliberately created a situation where the other party doesn't know where you live or work (this most commonly happens in divorce, of course, a situation where both parties tend to get very emotional and slightly nuts), the other side can get an order from the judge that allows you to be served by publication.
A publication of the documents outlining the petition for marital dissolution or a lawsuit creates service of those documents by law. If you've ever seen "legal ads" in the back of a newspaper, that's what they are (there are also other types of legal ads which we won't bother discussing here).
While those ads really help newspapers survive, they don't do much for the person being served by publication, because as a practical matter no one ever reads those things (except for the terminally bored).
In both of these types of alternate service, the risk is that the person being served won't ever see the paperwork. In the case of service by posting, the papers could fall off the door or blow away, or a stranger walking down your street could see the papers and pull them off your door and take them or throw them away.
As said, in the case of the publication, you may not ever see the publication, so you won't know you're being sued, or divorced, or having your custody or visitation rights altered.
When you get personally served you have the advantage of having the paperwork, which lets you talk to a lawyer or make decisions on your own, about how to proceed. If you get served by alternate means and never see what the other party's seeking, by the time you find out about the suit or divorce in some other way, it could easily be too late to respond.
So, as said, you're better off just accepting service when the process server shows up at your door, so you can move on.
This blog is presented by Jeff Bushman of Lighthouse Attorney
Service. We do process serving. Nothing contained should be considered
as legal advice. Questions about process serving, and specifically, if
you're representing yourself in a divorce or an eviction, can be
directed to Jeff at: 480-628-9786 or
lighthouseattorneyservice@gmail.com. Likewise, if you'd like to see our
website, please visit: http://lighthouseattorney.blogspot.com. THANKS.
Friday, March 13, 2015
Saturday, January 17, 2015
A Couple of War Stories
In case the phrase "War Stories" is unfamiliar to some readers, they're just stories that people tell about their experiences. So here are a couple of mine that happened this week.
I should say that with regard to the first story, we usually don't provide this level of hands-on service, but it was an unusual circumstance.
The ex-husband needed to serve the ex-wife. He wanted more time with the kids they'd had together and I think he wanted child support reduced (most of the time I don't read the papers I serve). A judge had ordered that in addition to the other paperwork with which she'd already been served, the ex-wife (mom) had to be served with the "Minute Order" that had spelled out the other papers that had to be served.
So we're talking about a two-page document.
And she was trying to avoid being served with the documents.
We tried to serve her when she was picking the kids up at school. We only had a photo of her and didn't recognize her. The school was a mob scene. We also tried to serve her on another day when she was bringing the kids to school.
No soap.
I went with the dad to the place where they were moving the kids from mom to dad for the evening. I think she smelled a rat, because she had her father drop off the kids.
Drat.
Also, on that day we'd tried to serve her picking up the kids (without success), we were given her home address and went to serve her there. No answer at the door, and the blinds which had been open when I knocked, were suddenly closed.
Finally, we decided to go with dad to the school in the afternoon, when she was to pick up the kids, so he could point her out to me and I could serve her. You know this worked, or we wouldn't be telling the story, right?
But dad's a bright young man. He borrowed his father's car, so mom wouldn't see his vehicle. He saw her pull up, and pointed out her vehicle to me. Then, he drove up and stopped in front of her vehicle. I hopped out, and went up to her window. She was on the phone with someone, but she opened her window, and I informed her that these legal papers were for her.
When I think of the things I didn't say, I have to congratulate myself for my restraint. Do you remember the Wizard of Oz? How about if we adopt one of the songs from that film: Ding Dong The Witch is Served.
Story 2:
OK. This one's a case of luck rather than skill. The old saying, "I'd rather be lucky than smart" clearly applies here.
The lady we were trying to serve lives in a mobile home.
We were originally told that she gets home every night at 8:00 P.M. One Wednesday evening, we were there from prior to 8 until after 8:30. No show.
Then we tried on New Year's Day. We parked a couple of spots away and walked up to the home. The lady's car was parked in the driveway. I knocked on the door and I heard her footsteps come up to the door, and I saw the light in the peephole darken - presumably from her putting her eye up to it - and then I heard footsteps walking away from the door.
I stuck around a bit longer and knocked again, but she wasn't going to respond.
I talked to our client and learned that now she was supposed to be getting home at 4:30 PM, every day, so if I could get there before 4:30 and wait a bit, I'd see her drive up.
So, of course, I arrived before 4:00 PM. Her car was already parked in the driveway, so I figured we were out of luck. I decided to stay until 4:30, anyway, in case something happened. I was doing that and I got a phone call from a friend of mine at about 4:20. As it approached 4:30, I tried to part the conversation with the intend of getting into my car and leaving.
My friend wanted to keep talking however, and had something more to tell me. We talked and I was there, as a result until a bit later. As I was now getting into the car, Fed Ex's truck pulled up a few doors south of the lady's mobile home.
The driver was getting out, and before he could approach any of the mobile homes, our party walked out of her door to walk out and talk to the Fed Ex driver. I walked forward and called her name. She asked me what I wanted. The Fed Ex driver was walking towards her as I was, and I handed her the documents and told her that the legal documents were for her.
Served.
I'd like to take credit for being smart or clever, but as the above shows, that's simply not the case. I'll take the luck.
This blog is presented by Jeff Bushman of Lighthouse Attorney Service. We do process serving. Nothing contained should be considered as legal advice. Questions about process serving, and specifically, if you're representing yourself in a divorce or an eviction, can be directed to Jeff at: 480-628-9786 or lighthouseattorneyservice@gmail.com. Likewise, if you'd like to see our website, please visit: http://lighthouseattorney.blogspot.com. THANKS.
I should say that with regard to the first story, we usually don't provide this level of hands-on service, but it was an unusual circumstance.
The ex-husband needed to serve the ex-wife. He wanted more time with the kids they'd had together and I think he wanted child support reduced (most of the time I don't read the papers I serve). A judge had ordered that in addition to the other paperwork with which she'd already been served, the ex-wife (mom) had to be served with the "Minute Order" that had spelled out the other papers that had to be served.
So we're talking about a two-page document.
And she was trying to avoid being served with the documents.
We tried to serve her when she was picking the kids up at school. We only had a photo of her and didn't recognize her. The school was a mob scene. We also tried to serve her on another day when she was bringing the kids to school.
No soap.
I went with the dad to the place where they were moving the kids from mom to dad for the evening. I think she smelled a rat, because she had her father drop off the kids.
Drat.
Also, on that day we'd tried to serve her picking up the kids (without success), we were given her home address and went to serve her there. No answer at the door, and the blinds which had been open when I knocked, were suddenly closed.
Finally, we decided to go with dad to the school in the afternoon, when she was to pick up the kids, so he could point her out to me and I could serve her. You know this worked, or we wouldn't be telling the story, right?
But dad's a bright young man. He borrowed his father's car, so mom wouldn't see his vehicle. He saw her pull up, and pointed out her vehicle to me. Then, he drove up and stopped in front of her vehicle. I hopped out, and went up to her window. She was on the phone with someone, but she opened her window, and I informed her that these legal papers were for her.
When I think of the things I didn't say, I have to congratulate myself for my restraint. Do you remember the Wizard of Oz? How about if we adopt one of the songs from that film: Ding Dong The Witch is Served.
Story 2:
OK. This one's a case of luck rather than skill. The old saying, "I'd rather be lucky than smart" clearly applies here.
The lady we were trying to serve lives in a mobile home.
We were originally told that she gets home every night at 8:00 P.M. One Wednesday evening, we were there from prior to 8 until after 8:30. No show.
Then we tried on New Year's Day. We parked a couple of spots away and walked up to the home. The lady's car was parked in the driveway. I knocked on the door and I heard her footsteps come up to the door, and I saw the light in the peephole darken - presumably from her putting her eye up to it - and then I heard footsteps walking away from the door.
I stuck around a bit longer and knocked again, but she wasn't going to respond.
I talked to our client and learned that now she was supposed to be getting home at 4:30 PM, every day, so if I could get there before 4:30 and wait a bit, I'd see her drive up.
So, of course, I arrived before 4:00 PM. Her car was already parked in the driveway, so I figured we were out of luck. I decided to stay until 4:30, anyway, in case something happened. I was doing that and I got a phone call from a friend of mine at about 4:20. As it approached 4:30, I tried to part the conversation with the intend of getting into my car and leaving.
My friend wanted to keep talking however, and had something more to tell me. We talked and I was there, as a result until a bit later. As I was now getting into the car, Fed Ex's truck pulled up a few doors south of the lady's mobile home.
The driver was getting out, and before he could approach any of the mobile homes, our party walked out of her door to walk out and talk to the Fed Ex driver. I walked forward and called her name. She asked me what I wanted. The Fed Ex driver was walking towards her as I was, and I handed her the documents and told her that the legal documents were for her.
Served.
I'd like to take credit for being smart or clever, but as the above shows, that's simply not the case. I'll take the luck.
This blog is presented by Jeff Bushman of Lighthouse Attorney Service. We do process serving. Nothing contained should be considered as legal advice. Questions about process serving, and specifically, if you're representing yourself in a divorce or an eviction, can be directed to Jeff at: 480-628-9786 or lighthouseattorneyservice@gmail.com. Likewise, if you'd like to see our website, please visit: http://lighthouseattorney.blogspot.com. THANKS.
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