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    Ibelieveinjustice's Avatar
    Ibelieveinjustice Posts: 1, Reputation: 1
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    #1

    Jan 28, 2008, 05:26 PM
    Serving small claims papers
    I am taking someone to small claims court. I had a friend take the papers to be served to this persons house, they refused to answer the door, my friend said they were standing and talking where she could see them, but since they did not come to the door for her to serve the paper to she took the paper and left. How else can I go about serving them? If I get a process server could they deny to open the door to them as well?:confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 28, 2008, 05:33 PM
    The court normally has them served, Not you.? At least anywhere I was at. After that it will depend on the laws of service in your state.
    Where I used to serve papers If I talked to them though the door, I could just slide them under the door, and they were served. Or find them at work and so on.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jan 28, 2008, 10:19 PM
    You need to go back to the Clerk's office and have them served through the Clerk's office. Sometimes the Clerk simply mails the papers certified mail and they are considered served. It all depends on what state you live in for that to happen. Consult with the Clerk's office before you have your friend try and "serve" them unless your friend is a licensed process server.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 29, 2008, 06:15 AM
    Quote Originally Posted by Ibelieveinjustice
    I am taking someone to small claims court. I had a friend take the papers to be served to this persons house, they refused to answer the door, my friend said they were standing and talking where she could see them, but since they did not come to the door for her to serve the paper to she took the paper and left. How else can I go about serving them? If I get a process server could they deny to open the door to them as well?:confused:


    In my area Small Claims papers are served by mail.

    That being said I never, ever think it's a good idea to have a friend serve the papers. The friend has an interest in the case (he/she is your friend) and is not neutral. And, yes, they can refuse to answer the door but there is always nail and mail. You would have to check with the Court and see if the papers must be personally served. If not, you know they aren't answering the door, you leave the papers (as Father Chuck said, you slide them under the door, stuff them in the mailbox, "nail" them to the door), follow up by mail, that's what your Affidavit says.

    And, yes, a process server will get the job done and then wrap all the paperwork up.

    (My all time favorite - and I'm a process server and others have had the same experience - is a man who answered the door, I asked for "John Jones," and he said, "I'm my brother.")

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