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A process server keeps going to my mother house trying to give her papers for me my mother is disabled and she keeps refusing to take the papers but he keeps trying to give them to her originally it was someone else now it's a private investigation firm, if I email them and aske them what thye want and why are they harassing my mother would that be considered that I am acknowledging the service , I live in SC, can anyone help.
Hello n:Quote:
Originally Posted by nomoredramagod
Not really. You could tell them where to serve you and they'll probably do that.
excon
Depending on what the service is for, one of several things will happen.
We will have to assume this was the last known address for you. Has your mom given them your correct address ? Why don't you just let her take the papers and send them to you ?
When you call them you give them your correct address, if you don't they will assume you live there and just trying not to take it.
After so many attempts, at what they still believe is your legal address, they may write it that you are refusing delivery and do publication and the case will go on without you knowing anything about it..
That wouldn't be effective service.Quote:
Originally Posted by Fr_Chuck
If the process server is taking to the last known address and it is served to a close family member, why would that not be legal process.Quote:
Originally Posted by AK lawyer
In addition, it the process is not contested it goes though and stands. Better than perhaps ending up with service by publication and the poster having no idea the court action has ever happened.
The address they are trying to serve is obviously one used by the poster, and the mother and the poster are trying it appears to get out of being served by not providing them a legal address to serve to.
Let me give you a for instance: return of service recites that the process server "spoke to __, mother of defendant. She said that defendant no longer lived there, but knew where defendant presently lives. She claimed that the defendant consented to my giving the process to her, which I did."Quote:
Originally Posted by Fr_Chuck
Plaintiff moves for default, based upon this return. If I were the judge, I would point out that the process server is charged with personally serving the defendant or (in some jurisdictions) leaving the process with someone, at the defendant's residence, if that person resides there. That requirement is clearly not met. I would further point out that the process server is to serve the process, and not delegate the task to the defendant's mother.
All of this may be true. Doesn't matter. Either he is legally served or he is not.Quote:
Originally Posted by Fr_Chuck
It would depend up on of course the states requirements, no all service has to be given directly to the person but can be given to anyone living in the household. In the states I have done service, seldom was any of it required to be given directly to the person, in many cases just given to anyone in the household. ( we would just describe what the person looked like)
Others could even just be tacked to the door.
Yes. And since OP said it's SC, let's have a look, shall we?Quote:
Originally Posted by Fr_Chuck
http://www.served.com/sc.asp"SOUTH CAROLINA RULES OF CIVIL PROCEDURE
Rule 4. Process
...
(1) Individuals. Upon an individual other than a minor under the age of 14 years or an incompetent person, by delivering a copy of the summons and complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy to an agent authorized by appointment or by law to receive service of process. "
Bottom line: you have to serve him at his "dwelling house or usual place of abode". OP's mother's home doesn't appear to fit the bill.
It appears that no "servce by nailing" is allowed in South Carolina.
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