[pstidham]

The process server filed that he served me when I was at work. He placed the paperwork in my door.

[tickle]

If you have proof of that, then you should report him because if he put it in your door, then you didn't sign for it. So he is caught out right there. It isn't signed, right ?

[pstidham]

He lied. I can get a copy of my time report from work showing that I was on the clock. Where and to whom do I report him?

[ScottGem]

Depending on your area a nail and mail is legal service. Unless there is a claim that you signed it may be a valid service.

[pstidham]

If you have proof of that, then you should report him because if he put it in your door, then you didnt sign for it. So he is caught out right there. It isnt signed, right ?

I can prove that I was at work when he put it in the front door of my home. I did not sign anything.

[pstidham]

You have to serve in person in the state of Oklahoma. I guess contacting the BAR would be my first step.

[ScottGem]

That's not 100% accurate. Oklahoma 12-2004.1 States:
Service shall be made as follows:

1. Upon an individual other than an infant who is less than fifteen (15) years of age or an incompetent person, by delivering a copy of the summons and of the petition personally or by leaving copies thereof at the person's dwelling house or usual place of abode with some person then residing therein who is fifteen (15) years of age or older or by delivering a copy of the summons and of the petition to an agent authorized by appointment or by law to receive service of process;

But that does mean that the summons has to be handed to an individual, not just left. However, there is case law that holds that an individual cannot willfully evade service. And that leaving the summons in the door if the person can be shown to be at home is legal service.

But if no one was home at the time, and the process server said there was, that could be lying

Process servers in OK need to be licensed so you can report them to the State

[JudyKayTee]

I can prove that I was at work when he put it in the front door of my home. I did not sign anything.

You don't have to sign anything.

Did the creditor get an Order for nail and mail (or substitute service) because you could not be located at home?

Go to Court, argue bad service - this is not an unheard of ploy. You go to Court, you argue bad service, you are served in person - PRESTO! Legal service.

Not saying it's nice but it happens somewhat frequently in NYS when matrimonial actions (which require personal service) are involved.

[froggy7]

T[*]Upon an individual other than an infant who is less than fifteen (15) years of age

I just have to say that I am amused by "an infant less that 15 years of age". Child or minor, I could see. But infant?

[ScottGem]

I just have to say that I am amused by "an infant less that 15 years of age". Child or minor, I could see. But infant?

Yeah I was wondering what prompted that one too. :D