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wallabee4
Apr 26, 2008, 07:38 PM
If you have a third party build a rapport and convince someone they are expecting a package in the mail with business they are anxious to get, can you instead serve them their papers to your small claims suit against them, using certified mail or Fed Ex with signature to verify delivery?

ChihuahuaMomma
Apr 26, 2008, 07:42 PM
Why can't you just have a friend knock on their door and hand them the papers?

wallabee4
Apr 26, 2008, 07:45 PM
He has a locked entryway to his complex. Members only.

ChihuahuaMomma
Apr 26, 2008, 07:48 PM
Either have someone that lives in the building let your friend in to serve him the papers.

Meet someone in the building, have them serve him with the papers.

Contact the apartment/condo management and have them allow you into the building to serve the papers.

It's not really a huge obstacle.

wallabee4
Apr 26, 2008, 08:58 PM
The question isn't being answered. I already know I can serve papers via the mail or via Fed-Ex. I live too far from him to pay someone to go serve him. I do not know anyone in his high class gated single family home community. I just want to know if I 'trick' him into signing for them will that be a probem? Thanks.

ChihuahuaMomma
Apr 26, 2008, 09:06 PM
I don't see why you would need to trick him into signing for a package. Just don't put a return address on it, so he doesn't know its from you.

SteveWard3928
Apr 26, 2008, 09:13 PM
Shouldn't that be certified mail or delivered by the police? They can always say they received nothing. You better check on that.

ChihuahuaMomma
Apr 26, 2008, 09:18 PM
She is talking about using certified mail. She is just wondering how to get him to sign for it.

wallabee4
Apr 26, 2008, 09:36 PM
I'm highly suspecting if this person sees nothing on who it's from they won't pick up the mail. I have read something where people you pay to serve papers do resort to tricks like posing as a UPS man, so maybe I am OK here. I do know this person is greedy and will jump at the chance to snare another mark with his game and so will have his guard down, so an offer of new business should tempt him to bite, thinking a certified letter contains a check.

twinkiedooter
Apr 27, 2008, 07:11 AM
Hire a professional process server. They always got the job done. They know all the tricks. Does not cost as much as you think. Well worth the money as you will get good service using their services versus trying to trick the person and not getting good service. Which do you want - good service or no service. Gated communities don't stop a professional process server if they are good. Trust me.

Fr_Chuck
Apr 27, 2008, 07:13 AM
Most court service has to be done though legal service, ( process server) but yes many of them do all sorts ot things, and to be honest a locked or gated complex is no problem to them, They will merely wait and follow someone in, go to see the management and get a code to use latter that night and so on.
I have knocked on the door of peoples house and said I was the cable person, a pizza person, my most fun was in bad areas where I way I am a bounty hunter ( bail enforcement) they are so happy to prove they are not the person I am looking for they show me ID to prove who they are.

JudyKayTee
Apr 27, 2008, 07:27 AM
If you have a third party build a rapport and convince someone they are expecting a package in the mail with business they are anxious to get, can you instead serve them their papers to your small claims suit against them, using certified mail or Fed Ex with signature to verify delivery?


Somebody else beat me to the answer but hire a process server - locked gates do not stop them.

In my area small claims lawsuits are served by mail by the Court, no receipt, no certified/registered mail. The Court fills out the affidavit of service by mail - if the papers do not come back as undelivered, due service is made.

I've never heard that FedEx is an acceptable way to serve papers. It is most definitely not in my area.

My best service so far involved a matrimonial action which had to be personally served. Guy was really wily, evaded and evaded. One nice morning I put my dog on a leash, drove to his house, rang the bell and said, "Is this your dog?" He came out to see what was going on and I handed him the papers. He was not happy but I had a very large Rottweiler and when I started shouting she started growling so he went back inside.

I've had process servers show up with pizza boxes, whatever works. I have one who speaks fluent Spanish and goes to Hispanic households because he is able to hear their discussions and determine if the correct person is or is not served.

It's an art form!