The purpose of this post is to educate people about process service or receiving papers from a process server.

 

First of all; the law: 28 U.S.C. § 3004 : US Code - Section 3004: Service of process; enforcement; notice; is the Federal Law regarding the manner of service. If you are not up to date on the manner of service under Federal Rules, please go read it!

 

Secondly; Title 18 U.S.C. § 1501, is the Federal Law which puts the teeth or power in the hands of the Process Server; which provides in relevant part:

"Assault on Process Server
Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States...shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both."

 

Many states have their own law, however, Indiana, the state in which I do most of my business does not have a state law. It is important to note at this point that in the absence of a state law, the Federal Law is to be enforced. I make this point because I have experienced two primary issues with this fact. Number one being that far and wide, local police departments are completely ignorant to the law that governs process servers, and number two; if they are aware of it, they routinely ignor it and refuse to enforce it.

 

The vast majority of people I come into contact with during process service have no idea what their obligations are. Many people think that if they evade or avoid service the problem will either go away, or just be put off into the future indefinately. Simply put; by not taking the papers the individual actually makes their legal issue worse. Point of fact is that in many cases if the process server acting on behalf of the plaintiff makes reasonable effort to serve the other party at the appropriate address, service can be considered performed or the court in jurisdiction may allow an alternate means of service, ie: posting or publishing. I have had cases where contact was made with an individual, and the identity confirmed as being the intended recipient, but they refused to accept service. I have submitted affidavits after such incident which were accepted by the court. Eventually, unless the subject party is found to be deceased, one of two things always happen: 1. court orders alternate non-personal service or 2. the person is served by other unconventional means.

 

I have had instances where a legal defendant not only refused to accept service by avoidance, but telephoned me with a direct threat of physical violence if I stepped foot on his property. Specifically, he left a voice mail stating that he would "beat me to death with a baseball bat if I stepped foot onto his property again..." Upon hearing this I immediately headed out to the Saint John, Indiana Police Department. I met up with a police supervisor, played the voice mail for him, and he said well lets go over there. Myself and two police officers went to the address. To my surprise I was directed to remain at the street while the two officers went to knock on the door. The defendant answered and the police simply asked him if he wanted to accept service, to which he replied "no". The police returned to my location and told me "sorry, he doesn't want the papers, and we are advising you not to enter his property..." I then read them verse and chapter of the Federal Law, to which they replied "we don't enforce Federal Law..." Additionally, they refused to deal with the threats in the voice mail.

 

Conversely; I had another instance where a defendant refused service by claiming to be another person; his brother. On further investigation at my clients request, I determined that in my defendant in fact lived at that address, and that the brother he claimed to be did not. I did a little more investigation and discovered the defendant I was looking for was a convicted murderer, and had served six years for manslaughter relating to a bar fight, and shooting. Armed with this new information I telephoned the Bellwood, Illinois Cheif of Police and asked for his help. He told me to come to the station and his officers would assist me. So I drove up to Bellwood from Northwest Indiana, to the station. Made contact with dispatch who summoned an officer to meet me near the service address. The officer I met asked me for the service address, which I provided. Upon hearing the address he keyed his mic and said "43 to Bellwood, please roll me a couple of back-up units 215 South 25 th Street", 10-4. Shortly thereafter four units arrived including a supervisor. We huddled up and they asked me what I wanted them to do. I want to go serve this guy, I want you to keep the peace. They all kept their vehicles out of sight, two officers went up the driveway around the corner from the front door. Two officers hid behind bushes to my rear out of sight, the last officer went to cover the back door. I rang the door bell, and the defendants wife appeared in a robe. I asked for Carlos, she replied there is no Carlos here, and left the front door area. I held the door bell down and began banging on the front door. Several minutes went by and Carlos appeared, opened the door and said "I told you Carlos is my brother, and he doesn't live here, and if I never see him again it will be too soon..." I advised him that I knew he was Carlos, and showed him his prison mug shot, and drivers license. And told him I knew about his murder conviction. On hearing this he stepped out onto the front porch and said "you need to get off my property before I do something to you." I attempted to hand him the papers, but he lifted his arms and said that he would not accept the papers, and stepped towards me. Officers then appeared to the porch, the supervisor said "Hi Carlos, how many times have I arrested you, six - seven times, if you want me to arrest you again I will be happy to do so, now take the papers." But he refused, so I placed them against his chest and let them drop. He said I'm not taking these, and stepped back inside the screen door. The officers pretty much told him that they were my witnesses to the service, and we all proceeded to the street. Once huddled up again one of the officers asked me why I had called them, apparently he wasn't aware of Carlos's police record. I told him that Carlos was a convicted murderer... upon hearing that Carlos ran from his house towards me at the street, yelling "you have no right to put my business on the street..." The supervisor told me to watch my back, shoved me asside, and all five of them intercepted Carlos, thew him to the ground, and arrested him. He left the location in the back of a police car, arrested for interference with a process server, and disorderly conduct.

 

These two accounts have dramatically different outcomes.

 

I would like to hear your own opinions, comments and stories.