Posted: 3/13/2008 3:00:23 PM EDT
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My cousin (kc resident) tried to have his ex in pettis co mo served with emancipation papers.The SO says sombody came to the door claiming she didnt live there. He swears she does,can he legally serve her himself? |
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No, then its his word against hers in court as to whether it was served or not. Him: I served her myself, she took the papers! Her: Of course he would say that, this is his cause of action. I had no idea the papers were filed. Judge: We'll continue this another month... He is going to have to tell the Sheriff's office to try again, and serve any adult present at the listed address. Or he can hire a neutral 3rd party, like me, to serve her at any other place where she may be found such as work, her kid's daycare, or the local sewer system (Raiders of the Lost Ark reference, do I get bonus points?). Then the neutral 3rd party can testify in court as to whom, where, how and when service occurred. Last year I had an issue with service on a divorce case where the wife had returned home to her family in Maricopa County, AZ. Anytime a Sheriff's patrol car would drive by, the lights in the house would turn off, the doors would lock, and nobody would answer the doorbell. Eventually we had to pay a 3rd party to do it the hard way. Fortunately the flat fee was $200 no matter how many attempts it took, and on the 2nd try the process server caught her going out to the mailbox. She thought he was just a neighbor out for a jog or something. Good times. |
I was a process server for a heavy-hitting law firm back in Chicago a few years back (pre-Arfcom, if you can believe such a thing). I got VERY good at it. The only guy I didn't serve had just been buried. I still got paid, as I got a copy of the death certificate. Serving process can be fun, but it can also be a pain in the asterisk... 
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I seen a guy get served in the river market a few months ago. The server basically asked the servee to take the papers, he refused. So the server just pushed the papers against his chest and said "you've been served". The server also has his kid with him, which I felt was probably a bad thing to do. |
