Is there a time restriction on what time of night a process server(private), can come to serve papers? Can they walk around a house and bang on the windows? Isn't that trespassing?
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Is there a time restriction on what time of night a process server(private), can come to serve papers? Can they walk around a house and bang on the windows? Isn't that trespassing?
No, it's not trespassing. Your version of "banging on windows" may very well by the process server's idea of "knocking to see if anyone is home." I own/operate a process service and, yes, I've knocked on windows.
What time was service attempted and what State?
I found that 4 am was often a good time, the person is confused and mad and normally comes to the door to curse me out ( back in the day when I used to do service)
Also tresspass normally requires that they be previously warned not to be on your property, ( depends on the state)
I've had private process servers serve people at 2AM, 3AM, 4AM, 5AM, 6AM - you name it. I knew when the person was supposed to be home and the process server took it from there. Once they saw the person's car arrive and park in the driveway regardless of what time it was they were served. They got paid only when the person was served so they didn't care about what time of day or night it was.
Off subject, but I did a lot ( alot) in the projects in down town Atlanta.
My favorite there was to dress like a bounty hunter, and beat on the door, saying I wanted ( so and so * a made up name) they were so happy to prove they were not the person I wanted to arrest, they would prove they were the person I wanted to serve.
I had magnetic signs for my van, that said delivery service, and all sorts of things to trick people to come to the door
Sometimes "my guys" show up with a pizza box. Everyone answers the door for pizza.
I also once took my dog on a leash, went to the person's front door, started pounding on the door and yelling, "Hey, your dog got loose." When the guy came out I served him. He actually reported to the Court that that was bad service because it wasn't his dog!
Interesting stories. In the movie Pineapple Express Seth Rogen portrays a process server using various disguises to serve.
Let me put it this way. Process service is simply the process of letting someone know they have been sued. Ducking service makes little sense. If the process server can prove they have made multiple attempts to serve, the court may deem that sufficient service. All ducking service does is delay the inevitable. Better to accept service, then deal with the issue.
When a person can be served depends on the rules of civil procedure for that particular state. Here's a list of process serving rules for each state. Enjoy!
This is an easy site to find and post but it doesn't answer the question. I asked specifically the name of the State and OP did not come back.
Which States do you find that limit hours of service?
I find nothing in what you posted that limits the hours during which process can be served. Of course, I haven't looked at all of the States.
I find it interesting that process cannot be served on Saturday if Saturday is the "Sabbath" for the person served. The process server wouldn't ordinarily know this. Seems like reason to set process aside, spend time and money, only to get served "properly."
That is interesting. What state is that? So, if I understand correctly,Quote:
Originally Posted by JudyKayTee
- A Christian served on a Sunday: proper service
- A Jew served on a Saturday: improper service
(I understand that the meaning of the word varies within each religion.)
Strange.
Quote:
Originally Posted by AK lawyer
I'll have to go back through the States - let me take a look. I was surprised and it was the first one I looked at.
And if the person is Orthodox, that also rules out Friday night.
EDIT: Found it! It's Minnesota - 624.04 Service of process on the Sabbath prohibited. Every service of legal process upon the Sabbath day, except in case of a breach or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or where such service is expressly authorized by statute, is hereby prohibited.
I see all sorts of complications with this. Obviously it "works" or it would taken off the books but...
Well, either that or judicial precedent is well known to all Minnesota practitioners, but the legislature has never bothered to clean it up.Quote:
Originally Posted by JudyKayTee
Garrison Keillor country: my guess is that there weren't a lot of Moslims or 7th Day Advenists when it was written. But who knows?
:D
Wrong cite, BTW: https://www.revisor.mn.gov/statutes/?year=2010&id=624
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