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.