Ask Me Help Desk - Possible Court Case?

Hi all,

Yesterday I was followed from my residence to a parking garage about 30 miles away. It wasn't until I got to the garage that I realized that the same vehicle that was behind me in my subdivision was behind me in the garage. I panicked! I left the garage and the vehicle followed. I was at a red light, but could legally turn right on red, when the man jumped out of his vehicle and ran for my vehicle. Again, I panicked and quickly turned before the man could reach my vehicle. I was able to get away without further incidence but was badly shaken. When I arrived at work I called my husband to discuss calling the police. A coworker said that he had a similar experience and in his case the man was a process server.

Now for my questions: If this man was a process server, how can I find out if I have a case pending against me? I live in Louisiana. I looked it up online and a process server has to serve you personally or at your place of residence. No one has shown up at my home that I'm aware of; however we are rarely home. Does running after my car constitute service? Can he say he served me, even though I eluded him? Shouldn't process servers have to identify themselves in some way? Also shouldn't they have to prove that they served you, such as check your ID or get your signature? Since I have never been served before, it did not even cross my mind that this man could have been a process server. I certainly want to know if someone is suing me. Should I take some sort of action, such as call the police? I fear that if the man was a process server that he will say he served me and I have no papers in hand and no way to defend myself. Legally, if he is a process server, shouldn't he try again?

Any help would be greatly appreciated!

ChloeB, quite honestly, if nothing else happened after that incident I would forget about it. A process server hands you the summons, usually there are two people, one to witness. So you see, if this was only one person, then it could not have been a process server. Chalk it up to a weird experience and move on from it.

[QUOTE=ChloeB]Hi all,

Yesterday I was followed from my residence to a parking garage about 30 miles away. It wasn't until I got to the garage that I realized that the same vehicle that was behind me in my subdivision was behind me in the garage. I panicked! I left the garage and the vehicle followed. I was at a red light, but could legally turn right on red, when the man jumped out of his vehicle and ran for my vehicle. Again, I panicked and quickly turned before the man could reach my vehicle. I was able to get away without further incidence but was badly shaken. When I arrived at work I called my husband to discuss calling the police. A coworker said that he had a similar experience and in his case the man was a process server.

Now for my questions: If this man was a process server, how can I find out if I have a case pending against me? I live in Louisiana. I looked it up online and a process server has to serve you personally or at your place of residence. No one has shown up at my home that I'm aware of; however we are rarely home. Does running after my car constitute service? Can he say he served me, even though I eluded him? Shouldn't process servers have to identify themselves in some way? Also shouldn't they have to prove that they served you, such as check your ID or get your signature? Since I have never been served before, it did not even cross my mind that this man could have been a process server. I certainly want to know if someone is suing me. Should I take some sort of action, such as call the police? I fear that if the man was a process server that he will say he served me and I have no papers in hand and no way to defend myself. Legally, if he is a process server, shouldn't he try again?

I serve process and I've never heard of anything like this - we don't have time to stalk people and chase people, at least in my area and if anything like this happened and the Police were called I'd be explaining forever. Presumably the server would know where you live and where you work and so there would be no need to chase you around.

I don't understand that you have to be served "personally or at your residence." I believe you have to be personally served in LA no matter where you are served, home, work, in between.

Running after your car does NOT constitute service - you have to receive the papers; can he say he served you - possibly, if he's not honest. Should he - obviously, no, because personal service is required; and, no, people who have been or are being served are not going to hand over ID or sign anything (in most cases) so we go armed with a description and also write the description of the person served on the Affidavit of Service. I introduce myself, yes, and hand the person being served my business card (or my company card if someone else is doing the service), but it is not a requirement.

Should you have called the Police when it happened? Sure. Will they do anything now? Possibly not. Did you get a license plate?

If he is a process server - which I don't think he was - shouldn't he try again? Yes, is he still is trying to serve you.

In LA you can serve 24/7, even Sundays, so I don't know why this chasing around would even be necessary.

I would think if you were being served you would have some inkling of unpaid debt or an auto accident or something but anything it possible (and your coworker who was chased by a process server should have called the Police).

Did you get a license number? I understand your panic but without a license number the police can do almost nothing but make a record.

JudyKayTee,

Thanks for the response. I guess I phrased it wrong. What I meant by service at residence is that they can leave it with an adult residing with you. Unfortunately I could not get his tag number because he was behind me, but I know it was a blue Dodge Ram pickup truck and the parking garage that he followed me into is a state parking facility that you either have to have a parking badge to enter or take a ticket and pay to park. So unless he works for the state and is assigned to that parking facility, which I doubt, he had to get a ticket to enter. There are security cameras everywhere! After reading your response I have decided to file a police report. I didn't think that process servers were allowed to stalk or chase people. So this guy may be a nut case or if he is a process server than he is obviously violating some laws. Thanks for your insight!

Quote:

Originally Posted by ChloeB

JudyKayTee,

Thanks for the response. I guess I phrased it wrong. What I meant by service at residence is that they can leave it with an adult residing with you. Unfortunately I could not get his tag number because he was behind me, but I know it was a blue Dodge Ram pickup truck and the parking garage that he followed me into is a state parking facility that you either have to have a parking badge to enter or take a ticket and pay to park. So unless he works for the state and is assigned to that parking facility, which I doubt, he had to get a ticket to enter. There are security cameras everywhere! After reading your response I have decided to file a police report. I didn't think that process servers were allowed to stalk or chase people. So this guy may be a nut case or if he is a process server than he is obviously violating some laws. Thanks for your insight!

- And there are maverick (for lack of a better word) process servers. I always joke that some people will take ANY job if they think it's vaguely connected to law enforcement, which some of the mavericks think includes process service! I've actually had applicants ask me if they can arrest people (?).

So, yes, I'd file a Police Report and let them track down the plate number.

Quote:

Originally Posted by ChloeB

There are security cameras everywhere! After reading your response I have decided to file a police report. I didn't think that process servers were allowed to stalk or chase people.

I didn't realize from your initial description that he had entered a parkling lot after you. By all means file a report. You know the time and the model. The security cameras should have recorded it.

Thanks ScottGem for your replies. I am waiting for an officer to call me back to take my report.