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.
Thursday, December 25, 2014
A Myth Is As Good As A Mile
In our most recent posting (which I believe was yesterday), we talked about a man who initially didn't want to take the paperwork from us that we were serving on him.
Part of his (perhaps unconscious) reasoning may have been that "if it doesn't touch me, I'm not served."
On another occasion when I walked up to a man in a mobile home, as I was taking the paperwork out of its hiding place, he slammed the front door. Without thinking, I threw the papers towards that door and when the door closed, the papers were trapped between the door and its frame. Was he served?
You betcha'!!
A more recent example was serving a guy who'd driven into his driveway. His wife warned me that he'd try to evade service. I walked up to him and motioned for him to roll down the window (a gesture that's very cumbersome to describe with words alone). He did that and a similar thing happened. As I tried to hand him the papers, he rolled up his window, and I put them into the window opening, and walked away.
Here's the deal. The papers don't have to touch the person being served. If the guy in the mobile home had opened the door and let the papers fall to the ground and if they'd blown away and he never saw them, he'd be just as served as if he took the documents and read them with a magnifying glass.
All that's required is for the person to be made aware that he's being served with legal papers. He doesn't need to know the name of the case (though in my experience he usually knows who the other party is), and he doesn't need to know what the documents say. He (or she - we have no sexist intentions) obviously would be better off if (s)he took the documents and read them, but it's the party's choice, not mine.
If anyone's ever trying to serve you, you're much better off taking the papers. At least in Arizona, you'll be served, eventually, even if you never see the process server (that's me), and in our next posting we'll talk about two methods of alternate service that - if you're the party to be served - could really work to your disadvantage.
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.
Part of his (perhaps unconscious) reasoning may have been that "if it doesn't touch me, I'm not served."
On another occasion when I walked up to a man in a mobile home, as I was taking the paperwork out of its hiding place, he slammed the front door. Without thinking, I threw the papers towards that door and when the door closed, the papers were trapped between the door and its frame. Was he served?
You betcha'!!
A more recent example was serving a guy who'd driven into his driveway. His wife warned me that he'd try to evade service. I walked up to him and motioned for him to roll down the window (a gesture that's very cumbersome to describe with words alone). He did that and a similar thing happened. As I tried to hand him the papers, he rolled up his window, and I put them into the window opening, and walked away.
Here's the deal. The papers don't have to touch the person being served. If the guy in the mobile home had opened the door and let the papers fall to the ground and if they'd blown away and he never saw them, he'd be just as served as if he took the documents and read them with a magnifying glass.
All that's required is for the person to be made aware that he's being served with legal papers. He doesn't need to know the name of the case (though in my experience he usually knows who the other party is), and he doesn't need to know what the documents say. He (or she - we have no sexist intentions) obviously would be better off if (s)he took the documents and read them, but it's the party's choice, not mine.
If anyone's ever trying to serve you, you're much better off taking the papers. At least in Arizona, you'll be served, eventually, even if you never see the process server (that's me), and in our next posting we'll talk about two methods of alternate service that - if you're the party to be served - could really work to your disadvantage.
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.
Wednesday, December 24, 2014
Welcome and Intro
Hello. If you're here, it may be because you've been using our services or are thinking about it. We welcome your comments and questions. The best ways to get to us are to email LighthouseAttorneyService@gmail.com (as you know email addresses aren't "case-sensitive" but I added capital letters to make the email address more readable), or to call Jeff's cell phone: 480-628-9786.
If you've used our services and have suggestions for improvement, they'd likewise be welcome.
Process serving is usually pretty easy, occasionally impossible, and almost always interesting. For that reason, I'll be sharing some stories in the future, in this space.
As an example, this morning (December 24, 2014), we served a guy who'd either been evading or was very lucky and not being home when we showed up. We received word that he walks his dog between 4:30 and 5:00 A.M., so this morning we showed at about 4:15 and waited. At 4:40, he and his German Shepherd walked outside through his garage.
Even though this is Arizona, it was cold, so after waiting in the car, instead of getting out, I drove up to him and said, "Agamemnon!" (not his real name, nor what I called him, which WAS his real name). He looked up at me and I held the papers outside of the car window. "These are for you, Sir."
"What are they?" he asked, keeping his hand to himself.
"They're legal papers, Sir, and I can drop them on the ground, or hand them to you, but either way, you're being served." He then took the documents.
I later let his wife (soon-to-be EX-wife, actually) know that he'd been served. She was very happy, told me that her prayers had been answered (I didn't know I was that powerful), and that I gave her the best gift she could get.
Frankly, that was a bit of exaggeration, but I understand her sense of relief.
OK, it was a lot of exaggeration.
If you're already a client of ours, thanks for reading and I'll look forward to talking with you soon. If not, and we can answer any questions for you, without obligation on your part, please feel free to get in touch.
Jeff
If you've used our services and have suggestions for improvement, they'd likewise be welcome.
Process serving is usually pretty easy, occasionally impossible, and almost always interesting. For that reason, I'll be sharing some stories in the future, in this space.
As an example, this morning (December 24, 2014), we served a guy who'd either been evading or was very lucky and not being home when we showed up. We received word that he walks his dog between 4:30 and 5:00 A.M., so this morning we showed at about 4:15 and waited. At 4:40, he and his German Shepherd walked outside through his garage.
Even though this is Arizona, it was cold, so after waiting in the car, instead of getting out, I drove up to him and said, "Agamemnon!" (not his real name, nor what I called him, which WAS his real name). He looked up at me and I held the papers outside of the car window. "These are for you, Sir."
"What are they?" he asked, keeping his hand to himself.
"They're legal papers, Sir, and I can drop them on the ground, or hand them to you, but either way, you're being served." He then took the documents.
I later let his wife (soon-to-be EX-wife, actually) know that he'd been served. She was very happy, told me that her prayers had been answered (I didn't know I was that powerful), and that I gave her the best gift she could get.
Frankly, that was a bit of exaggeration, but I understand her sense of relief.
OK, it was a lot of exaggeration.
If you're already a client of ours, thanks for reading and I'll look forward to talking with you soon. If not, and we can answer any questions for you, without obligation on your part, please feel free to get in touch.
Jeff
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