Ask Me Help Desk - Improper process service

I own a farm in Ohio, but live in Georgia. I was recently "Served" in several ways. First a process server in Ohio gave papers to the husband of a barn hand, asking if he knew me. He replied "sort of but he doesn't live here". "Good enough" was the answer and the papers were dropped at his feet, he left them and they were later opened and placed on the internet by a boarder at the farm.

Secondly, Apparently I was emailed the 'papers' but they went to SPAM, I didn't know until I received emails about the first event.

Thirdly, an old attorney that had been let go was called and "Served" - he left a weird voicemail. (I had let him go because of his alcohol abuse and problems)

Finally, my boss was called by the attorney which leopardized my career - Is this proper process?

Two weeks later I was sent a Certified mail, but the USPS lost the papers that were with the number on the return card, I refused to sign without a letter. I was later called 'evasive".

Is there any recourse?

If your farm was listed as a address, esp if it has to do with the law suit, leaving it with someone that may or may not have fit your discription, may be considered service, Depending on where the law suit is from and their rules of service, many forms of service merely required me to hand it, or some even just place it on the door of a listed property.

Next if you refused to sign for the letter with the service, yes that can be considered refusing service ( and that is then considered being served)

I would say it appears they tried to serve any and everyone they had listed as attorney, address and then to your proper address. So in my general opinion without reading that courts rules of service for what ever type of case this is. But I would say you would be considered served.

But what the heck you can try to call it improper service, and then just get served again and end back at this exact spot

Fair enuff - I chose the drunken attorney service, but am reporting the serving attorney for censure as to his tactics.

Quote:

Originally Posted by Fireguy1

I...
Is there any recourse?

Ignore it. If you do that, they may claim that they made proper service and get a default judgment; which you would then have to ask to be set aside. It is uncertain whether you would be sucessful. Or
Appear in the action and object to service; which would probably require that they keep doing it until they do it right.

I sort of disagree with Fr_Chuck. I don't think any of these service attempts are good:

"... process server in Ohio gave papers to the husband of a barn hand, asking if he knew me. He replied "sort of but he doesn't live here". "... No. That wouldn't be good service. The process server was told that you didn't live there.
"... I was emailed the 'papers' but ...". No. As far as I am aware, e-mail service is not recognized anywhere.
" ... an old attorney that had ... was called ...". No. Not unlesss the attorney had previously entered an appearance in this action.
"... my boss was called by the attorney ...". Again, no good.
" ... sent a Certified mail, but the USPS lost the papers that ...". Closest. Arguably you had the duty to contact the attorney and ask a copy of the papers that supposedly had been mailed.

Quote:

Originally Posted by Fireguy1

Fair enuff - I chose the drunken attorney service, but am reporting the serving attorney for censure as to his tactics.

What do you mean that you "choose" this service?

No. He was justified in calling the "drunken attorney" in an effort to find out where you are. If, however, he claims that this is good service, and falsifies the facts in so doing, he could be censured.