Quoted:
Heard a loud banging on my front door this morning.  I never answer the front door....anyone knocking on my front door without calling my phone first is someone I'd rather not speak to anyway.  So I go about my business the rest of the day and upon returning home from running some errands, I notice some papers inserted in the door handle of the front door to the house.  Seems the process server banging on the door this morning didn't like the fact that nobody answered, so he just shoved the papers into the door handle.

The service was for a 66mph in a 55mph zone speeding ticket.  Here in AZ we have been blessed with speed camers on our highways.

Aren't there rules for process servers?  I'm fairly certain that they actually have to serve someone, they can't just leave the docs at the door?  Now I'm faced with either paying the damn ticket ($220) or getting a court date.  

If I could get my hands around the neck of that cheating process server fuck!  

Quoted:
Heard a loud banging on my front door this morning.  I never answer the front door....anyone knocking on my front door without calling my phone first is someone I'd rather not speak to anyway.  So I go about my business the rest of the day and upon returning home from running some errands, I notice some papers inserted in the door handle of the front door to the house.  Seems the process server banging on the door this morning didn't like the fact that nobody answered, so he just shoved the papers into the door handle.

The service was for a 66mph in a 55mph zone speeding ticket.  Here in AZ we have been blessed with speed camers on our highways.

Aren't there rules for process servers?  I'm fairly certain that they actually have to serve someone, they can't just leave the docs at the door?  Now I'm faced with either paying the damn ticket ($220) or getting a court date.  

If I could get my hands around the neck of that cheating process server fuck!  

Quoted:


Damn him for speeding for you!!!!!



Direct that anger towards yourself...it's 100% your fault.

HH

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Damn him for speeding for you!!!!!



Direct that anger towards yourself...it's 100% your fault.

HH

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Victimless crime. Who is his accuser? A camera?


sit down son, you been owned.

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I believe he has to deliver it in person, but I've never dodged one so I really don't know.

Have you taken the class recently?  I think you can get out of one ticket every 2 years by taking the class.  It's a PITA, but it's a lot less than $220.

Quoted:


Victimless crime. Who is his accuser? A camera?
sit down son, you been owned.

Quoted:
Heard a loud banging on my front door this morning.  I never answer the front door....anyone knocking on my front door without calling my phone first is someone I'd rather not speak to anyway.  So I go about my business the rest of the day and upon returning home from running some errands, I notice some papers inserted in the door handle of the front door to the house.  Seems the process server banging on the door this morning didn't like the fact that nobody answered, so he just shoved the papers into the door handle.

The service was for a 66mph in a 55mph zone speeding ticket.  Here in AZ we have been blessed with speed camers on our highways.

Aren't there rules for process servers?  I'm fairly certain that they actually have to serve someone, they can't just leave the docs at the door?  Now I'm faced with either paying the damn ticket ($220) or getting a court date.  

If I could get my hands around the neck of that cheating process server fuck!  

Quoted:
Actually...there are many ways that process servers or the po-lice can serve civil/criminal process on you:

Personal Service              (the person, or note it if he refuses and drop it at his feet)
Substitute Service(employer, supervisor or other responsible person who claims it)
Serving a Family Member(must be at least 16 years old and live at the property)
Posting on Door                      (posting on what appears to be the front door;  last resort)
Publication(published in newspapers)

Quoted:





You might look it up but the odds are the judge won't mess with it for a ticket. Heard of people not answering and then crying bad service when the papers were posted. Judge asked him how he knew when his court date was, etc. Judge figured if he made it to court at the right time he was calling it good. If the judge were to agree it was bad service the server would appear, state why he thought it was good service, and the the judge would decide. If it was bad service then the server will get off the stand, pull out a new affidavit/summons/whatever and pop the defendant or defendant's attorney on the way out.



There are good servers and bad servers. There are dicks and there are nice ones. But the universal truth is that the server doesn't really care.



Now, make a sincere attempt to duck and the rules change.............

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He's just doing his job. I would wager money that he doesn't care one way or the other about your particular case and wasn't even thinking of you until he received the doc and then he promptly forgot about you after the doc.

Was a server here in OK for 5+ years and have 3K+ serves.

It depends on your state's statutes. Here in OK good service for a civil suit is eye contact with the defendant anywhere in the world or eye contact with anybody 15 or older at the defendant's address of residence (determined by where the mail is sent).

You might look it up but the odds are the judge won't mess with it for a ticket. Heard of people not answering and then crying bad service when the papers were posted. Judge asked him how he knew when his court date was, etc. Judge figured if he made it to court at the right time he was calling it good. If the judge were to agree it was bad service the server would appear, state why he thought it was good service, and the the judge would decide. If it was bad service then the server will get off the stand, pull out a new affidavit/summons/whatever and pop the defendant or defendant's attorney on the way out.

There are good servers and bad servers. There are dicks and there are nice ones. But the universal truth is that the server doesn't really care.

Now, make a sincere attempt to duck and the rules change.............

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Really?? That is cool. I would post but only if they owned the residence or if I verified through the landlord that they lived there. And then only when car was in the driveway and TV was on.



Mean they were there? No, but I was willing to take the chance and never got busted for it.

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If someone ever produced a punch card from work, or affidavits that they were out of town etc you could be facing criminal charges for that
 

Quoted:
if they want to be such dishonest fuckheads about it then why even knock on the door, hell why even leave the papers?  Just file the proof of service with the court (i.e. lie their fucking asses off) and say they did their job properly according to federal law, which they didn't.  I'm not placing blame on them for the ticket, obviously thats my fault.  But the state has 120 days to serve me properly ACCORDING TO FEDERAL LAW, and the very people they are paying to provide service are breaking federal law by not providing proper service.

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Most judges around here won't let you serve someone in court, particularly if they are showing up in court in response to a motion to dismiss some BS sewer service, ie you can't fake serve someone then serve them when they show up for court to prove they weren't served. Good way to get hit for costs and sanctions if it turns out the original service was BS. I question whether the court would accept another affidavit from that process server after the first time that stunt was tried.

I find perjured affidavits of service with some frequency these past few years, mostly from process servers who work for big collection agencies or foreclosure firms outside the area. One of my buddies was serving papers for one of those places and they flat out told him "we just need an affidavit' when he was arguing with them over a bill they didn't pay. He said afterwards he talked to another process server who did work for them and the guy said he did nothing at all, just filled out the affidavit claiming it was nail and mail, sent them a bill and threw the summons and complaint in the trash.

 

Sorry but federal law doesn't govern the serving of civil process. If Arizona is anything like Texas then it's up to the judge on what he wants to accept as properly served process. The process server didn't serve the papers, he only delivered them, the judge will be the one to decide if they were properly served. As long as the server documents on the return how the papers were delivered then he's done nothing wrong.

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66 in a 55 is a $220 ticket?

Quoted:


So what recourse do i have with the judge other than to tell him that the douche just shoved them in the door handle?  The server isn't going to write that on the return, he's gonna have to fabricate something else.  Anything he writes will be a lie because there was zero indication anyone was home.  I live alone, was in the master bedroom sleeping, all lights off in the house, shades pulled on all front windows so you can't see in.  So its my word against the server's.  

Wish I had external security cameras on the house!  

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Really?? That is cool. I would post but only if they owned the residence or if I verified through the landlord that they lived there. And then only when car was in the driveway and TV was on.

Mean they were there? No, but I was willing to take the chance and never got busted for it.

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Basically if you show up for court then the service is moot. There is very little recourse since you did in fact get the service and he doesn't have to lie on the return. He can put whatever he wants on the return and it's up to the judge to decide if it's good. He can simply put that he left it on the door, it's only if he lies on the return could anything happen. In Texas you could file a complaint with the Texas Process Server Review Board.



Again it may be different in AZ but in Texas after a few unsuccessful attempts then it's completely legal to post the service on the door if the judge ok's it, regardless of whether someone is home or not.

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While I had heard several wives tales about that I only know of one case where it actually happened. Long story but close friend and server was convinced he had good service, defendant's lawyer brought it to court, buddy explained himself, judge was understanding but said it was bad service, buddy presented another affidavit/summons and asked if he could leave it at the table on the way out, judge Ok'd it, that time.



Yes, I have heard of that (servers ditching service and filing as served). Being an honest server was worth it. The firm I worked for staked our reputations on always trying to get good service. It made it more work, no doubt, but it was nice never to wonder. Yeah, I've heard about servers actually bragging about ditching and getting away with it. I have no idea how they did it so often. Gave me he heebejeebies.



ETA: as Ponyboy said, I reported it on the return that it was posted (date, time, address, etc.) and no description was given. Never pretended that it was personal.

Service upon an individual from whom a waiver has not been obtained and
filed, other than those specified in paragraphs (e), (f) and (g) of this
Rule 4.1, shall be effected by delivering a copy of the summons and of
the pleading to that individual personally or by leaving copies thereof
at that individual’s dwelling house or usual place of abode with some
person of suitable age and discretion then residing therein or by
delivering a copy of the summons and of the pleading to an agent
authorized by appointment or by law to receive service of process.

If service by one of the means set forth in the preceding paragraphs of
this Rule 4.1 proves impracticable, then service may be accomplished in
such manner, other than by publication, as the court, upon motion and
without notice, may direct. Whenever the court allows an alternate or
substitute form of service pursuant to this subpart, reasonable efforts
shall be undertaken by the party making service to assure that actual
notice of the commencement of the action is provided to the person to be
served and, in any event, the summons and the pleading to be served, as
well as any order of the court authorizing an alternative method of
service, shall be mailed to the last known business or residence address
of the person to be served.

Quoted:

No, you can appear solely for the purpose of contesting service, it's called a "special appearance." The only time I can think of that it would matter though was if some time limit had run out between the time the papers were allegedly served and the court date, which almost never happens, so usually it's a waste of attorney's fees and time.
 

Quoted:

Oh, you can serve by stating that you thought he was at home but never actually saw him? That's odd.
 

Quoted:

Heard a loud banging on my front door this morning. I never answer the front door....anyone knocking on my front door without calling my phone first is someone I'd rather not speak to anyway. So I go about my business the rest of the day and upon returning home from running some errands, I notice some papers inserted in the door handle of the front door to the house. Seems the process server banging on the door this morning didn't like the fact that nobody answered, so he just shoved the papers into the door handle.



The service was for a 66mph in a 55mph zone speeding ticket. Here in AZ we have been blessed with speed camers on our highways.



Aren't there rules for process servers? I'm fairly certain that they actually have to serve someone, they can't just leave the docs at the door? Now I'm faced with either paying the damn ticket ($220) or getting a court date.



If I could get my hands around the neck of that cheating process server fuck!

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I used to be a process server in Colorado and that was a big NO NO, My ass would be in serious trouble if I would have done that. Colorado I know isn't Arizona but I'm sure it's the same. All you have to do is say I didn't recieve them wind must have blew them away.

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In Texas they don't even have to be home at all for alternate service. Basically whatever the judge says is ok is what goes.

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I hope nobody tapes one to my front door because I'd never see it until it's time to start cutting the grass again in the spring.  We *never*  use the front door. I never go near the front of the house unless I'm cutting the grass..

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Yes it has to be delivered in person.  Can't just dump it on the porch, or leave it with the fucking dog, etc.....

I haven't taken the class, I'll have to look into it.  Just don't feel like spending an entire saturday in a class.  I don't think one ticket will impact my insurance as long as I don't change insurance companies soon.

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If someone ever produced a punch card from work, or affidavits that they were out of town etc you could be facing criminal charges for that
 

http://www.ag.ny.gov/media_center/2009/apr/apr14a_09.html

ATTORNEY GENERAL CUOMO ANNOUNCES ARREST OF LONG ISLAND BUSINESS OWNER FOR DENYING THOUSANDS OF NEW YORKERS THEIR DAY IN COURT
American Legal Process Provided "Sewer Service" to Thousands of New Yorkers Owing Debt According to Criminal Complaint and Civil Suit; Failed to Properly Notify the Individuals That They Faced Lawsuits
As a Result, Individuals Would Unknowingly Default and Have Judgments Entered Against Them Without the Chance to Defend Themselves

LONG ISLAND, NY (April 14, 2009) - Attorney General Andrew M. Cuomo today announced criminal charges against Long Island-based American Legal Process (“ALP”) and its CEO and President William Singler for a fraudulent business scheme in which the company allegedly failed to provide proper legal notification to thousands of New Yorkers facing debt-related lawsuits, causing them unknowingly to default and have costly judgments entered against them without the chance to respond or defend themselves.

According to the court papers filed today, ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewer service,” where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, thousands of judgments were allegedly obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP allegedly covered up the fraud by falsifying sworn affidavits of service in courts across New York. The Attorney General’s Office also filed a parallel civil suit against ALP and Singler seeking a court order prohibiting them from engaging in improper service of process, monetary damages and substantial penalties.

In addition, Cuomo announced his intent to sue one of ALP’s largest customers, the law firm of Forster & Garbus, for violations of New York State’s consumer protection laws. According to Cuomo, Forster & Garbus used ALP to serve over 28,000 summons and complaints across the state, but failed to supervise the company and relied on legal papers from ALP that it knew or should have known were false.

“The laws of this state are supposed to ensure that each and every New Yorker has their day in court,” said Attorney General Cuomo. “If proven to be true, the schemes detailed in the cases filed today undermined the legal rights of thousands of citizens by corrupting our legal system and abusing individuals who happened to have consumer debts."

With respect to the notice sent to the law firm of Forster & Garbus, the Attorney General said: "I am putting all law firms on notice that they are responsible for the conduct of the companies they use to serve complaints and other legal documents. Law firms cannot turn a blind-eye to abuses perpetrated on their behalf.”

Legal process servers are hired by law firms to serve legal papers, usually a summons and complaint, which notify individuals that they are being sued. New York law explicitly states how summons must be served upon individuals facing legal action. A process server can deliver the summons directly to the person being sued; can deliver the summons to a substitute person of suitable age and discretion at the place of business or the home of the person being sued and then mail the summons; or, should the first two options be exhausted after several attempts, can nail and mail, meaning the summons is posted on the door of the home or workplace of the person being sued and the summons is mailed to them.

According to the court papers filed today, between January 2007 and October 2008, ALP claimed to have served 98,000 summons and complaints throughout New York State to New Yorkers alleged to owe debt. The majority of these were done through “nail and mail,” the method of service that is easiest to abuse. The Attorney General’s investigation revealed that thousands of legal documents were not properly served, or served at all, to the individuals they were intended for.

Furthermore, ALP allegedly attempted to cover up its unlawful business practices by falsifying documents, submitted to courts across the state, swearing that proper legal notification had been duly served upon these individuals. According to the criminal and civil complaints filed today, ALP’s conduct included:

   * Instances in which ALP process servers claim to have made process serving attempts in more than one place at the exact same time. In one particular case, a process server claimed to have been at four different addresses at precisely the same moment;
   * Instance in which an ALP process server claimed to have made process serving attempts that would have required him to drive more than 10,000 miles in a single day;
   * Instances in which ALP process servers claim to have made process serving attempts before they had actually received the summons and complaint from ALP; and
   * Instances in which ALP process servers claim to have made process serving attempts before the summons and complaint had actually been filed with the appropriate court.

According to the criminal complaint, Singler organized and orchestrated ALP’s fraudulent activities. He was personally responsible for notarizing thousands of legal documents submitted to the New York Courts in which his process servers purportedly swore individuals had been served, when they had not.

The civil lawsuit announced by Cuomo today charges that ALP and Singler violated multiple New York statutes by falsifying these legal documents, which were in turn used by debt-collection law firms who provided them to courts as proof that New Yorkers had been given proper legal notice of the lawsuits against them. In many instances, the individuals had not been given proper legal notice and failed to appear in court, ultimately having default judgments entered against them. The lawsuit seeks monetary damages, penalties and injunctive relief against both ALP and Singler.

The Attorney General’s letter today to Forster & Garbus provides the required five-day notice of his intent to sue the firm pursuant to NYS consumer protection law. In the same 20-month period in 2007 and 2008, Forster & Garbus used ALP to serve more than 28,000 summons and complaints throughout the state. In obtaining default judgments, Forster & Garbus submitted to courts ALP affidavits of service to show that service had been proper when in many cases it had not been. The Attorney General’s notice letter makes clear that Forster & Garbus, by failing to supervise ALP and relying on affidavits that it knew or should have known were false, has harmed the New Yorkers who were the defendants to its lawsuits, the courts, and the clients who that law firm was representing.

Attorney General Cuomo thanked the New York State Unified Court System, especially its Internal Audit Unit, for their help in the investigation, which included the review of hundreds of court files and more than 100,000 records of affidavits of service.

Ann Pfau, Chief Administrative Judge of the New York State Courts, said: “The integrity of the justice system depends upon the confidence of litigants and the public, and there can be no confidence when false affidavits of service are used to deprive parties of their right to be heard. This practice also inflicts substantial harm on individuals, subjecting them to judgments they had no opportunity to contest and imposing on them the significant collateral consequences of adverse judgments. I want to thank Attorney General Andrew Cuomo and his office for working so diligently with us to expose and bring to an end this practice, and to help restore integrity to the justice system.”

Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services, said: “The consequences of sewer service are profound, especially on vulnerable New Yorkers. In MFY’s 2008 report, Justice Disserved, we documented many victims of improper service who had judgments unknowingly entered against them, often to devastating effect. In one case, a disabled senior citizen who was a victim of sewer service attempted to withdraw money from his ATM to purchase medicine when he discovered his bank account was frozen. In another case, a single, working mother of two children who had no idea she had ever been sued, was buying food at a supermarket checkout counter when she learned her debit card would not work. In both cases, our clients could not pay their rent and had to borrow money for food. MFY applauds Attorney General Cuomo for taking the initiative to combat this illegal practice, especially because sewer service often injures the elderly, disabled and working poor of New York.”

ALP and Singler are both charged with Criminal Possession of a Forged Instrument in the Second Degree (a class D felony), three counts of Offering a False Instrument for Filing in the First Degree (a class E felony), and Scheme to Defraud in the Second Degree (a class E felony). Singler is also charged with being a Notary Public committing Fraud in Office (a class A misdemeanor).

The charges are merely accusations, and the defendants are presumed innocent until and unless proven guilty.

The criminal case is being prosecuted by Assistant Attorney General Cydney Kelly under the supervision of the Richard Ernst, Deputy Bureau Chief of the Criminal Prosecutions Bureau, and Gail Heatherly, Bureau Chief of the Criminal Prosecutions Bureau. The investigation was handled by Investigator Sandra Migaj, under the supervision of Deputy Chief Investigator James Domres.

The civil lawsuit was filed today in the Supreme Court of the State of New York, Erie County.

This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey, in conjunction with the Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Bureau of the New York State Unified Court System.

Quoted:







Damn him for speeding for you!!!!!








Direct that anger towards yourself...it's 100% your fault.



HH

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Do you really mean to tell me you have never exceeded the speed limit? I don't think he was bitching about the ticket, but the manner in which he was served.
 

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Who cares how he was served?  This thread was a rant about the fact that the server actually put the summon on the right house.  The server didn't threaten him, wasn't rude to him, didn't hurt his feelings, didn't lie about anything and as far as I can tell - didn't do the slightest thing wrong.  The OP is just pissy because he doesn't like being caught.... and thus feels compelled to re-direct the blame anywhere but himself.



The right document got delivered to the right person at the right address.  The "what ifs" are pointless.

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Do you really mean to tell me you have never exceeded the speed limit? I don't think he was bitching about the ticket, but the manner in which he was served.
 

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So when the Process Server leaves you a present on the door while you, the missus, and the kids are on vacation, that's alright with you?

It the documents somehow went missing, you would be at fault?

For documents you really never have seen?








 

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In Texas they don't even have to be home at all for alternate service. Basically whatever the judge says is ok is what goes.


 

Quoted:


Yeah, I had a friend in Texas get served that way for Paternity.  He never got the fucking summons.  He found out through a friend that worked in court.  The fix was in and they going to try and hang child support payments on him for a kid that wasn't his.   Luckily he made the hearing and was able to ask for a DNA test.  He said when he walked in the door, the bitch's face fell because she was sure he wasn't going to show.

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The judge won't normally sign off for alternate service unless there have been reasonable attempts to find the person and deliver the documents in person. If he was avoiding the process server and wouldn't accept the citation then he caused the problem himself or the process server could have perjured himself on the return. It could also be the case that they didn't even leave him the documents and instead published it in the classifieds of the local paper under the legal notices section.

If the court is looking for you and you know it then it's best to accept the documents because you can't stop the legal system by playing hide and seek. You'll always end up on the losing end of that game.