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williambh1724 · Mar 5, 2008, 02:07 PM

If A Person Comes On My Job With A Marshal Or Sheriff And Tries To Serve Me With A Summons Do I Have To Take It Or Can I Refuse?this Situation Is Taking Place In Atlanta,Georgia.

Lowtax4eva · Mar 5, 2008, 02:12 PM

On what grounds would you refuse? I've heard you can refuse if your being served as an individual when the person has a complaint against a company you work for (or own) but that's about it.

JudyKayTee · Mar 5, 2008, 02:43 PM

Originally Posted by williambh1724

If A Person Comes On My Job With A Marshal Or Sheriff And Tries To Serve Me With A Summons Do I Have To Take It Or Can I Refuse?this Situation Is Taking Place In Atlanta,georgia.

I serve people on the job all the time - occasionally the employer has a policy of no service on the job and I can't serve the papers to the person. I never misrepresent why I'm there and the employer either lets me in or doesn't.

In most cases if you refuse it - at least in NY - I drop it at your feet (with the exception of matrimonial actions and a few special cases) and you are served. Another adult person can accept on your behalf and there is the possibility the server will turn to your coworker and say, "Here, take this," and the coworker just might do it.

If you know the summons is coming and think it's going to embarrass you at work, call the Sheriff/Marshall and arrange a meeting to pick it up.

You probably realize if you refuse it and they go away they are going to serve you some other time and place.

Fr_Chuck · Mar 5, 2008, 03:36 PM

Yes, you really can't "refuse it" you can run out the back door I guess, but they would merely stick it in your shirt or pocket. Or just drop it at your feet if you refuse to just take it.

progunr · Mar 5, 2008, 05:29 PM

They WILL get you served, one way or another.

If they make several attempts to serve you and can't, many places will allow them to publish the original notice in a newspaper in your area. Chances are, you will never see this "ad" and you won't know when your court date is. When you don't show up, they will get a judgment by default.

Let them serve you, figure out your defense, go to court and fight it. You could win?

Good Luck.

JudyKayTee · Mar 6, 2008, 06:33 AM

[QUOTE=progunr]They WILL get you served, one way or another.

If they make several attempts to serve you and can't, many places will allow them to publish the original notice in a newspaper in your area. Chances are, you will never see this "ad" and you won't know when your court date is. When you don't show up, they will get a judgment by default.

Let them serve you, figure out your defense, go to court and fight it. You could win?

In 99.9% of cases you don't have to publish - you "simply" nail and mail if attempts are made and you can't be served. I've never seen anything published unless there is no current info to be found, no address, no workplace, and those are very few and far between.

In my area if you need to publish the Court has to order that it is sufficient service and the Court dictates which newspapers, how often, what time frame. Publishing is also quite expensive.