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preciouskitty · Jul 27, 2009, 06:34 AM

Can I legally refuse a civil summons that I am not a party to or named on?

Here are some circumstances...

I am not related by blood or marriage to the only named party on the civil summons.

I do reside at the same residence as the intended recipient of the civil summons.

Officer's are aware of recipients whereabouts and estimated time before returning home.

Officer's speak with very respected employer who confirms when recipient would be home.

I have never met nor do I have any dealings with plaintiff of the civil summons.

stevetcg · Jul 27, 2009, 06:39 AM

What purpose does it serve making things more difficult for the process server?

preciouskitty · Jul 27, 2009, 06:49 AM

The issue is not about making it more difficult for the process server. The issue is a matter of the process server making things difficult for innocent civilians. The issue is a matter of civil rights. Do I have any obligation to be detained or questioned in any manner for somebody else's issue?

CHANGE NEVER COMES UNTIL SOMEONE STANDS FOR IT!

excon · Jul 27, 2009, 07:05 AM

Originally Posted by preciouskitty

Do I have any obligation to be detained or questioned in any manner for somebody else's issue?

Hello p:

No. But a process server doesn't do that. He just HANDS you stuff. THAT'S all it takes. If you don't want to accept it, don't hold out your hand.

But, everybody, when handed something, will reach out to take it.

excon

stevetcg · Jul 27, 2009, 07:59 AM

Originally Posted by preciouskitty

The issue is not about making it more difficult for the process server. The issue is a matter of the process server making things difficult for innocent civilians. The issue is a matter of civil rights. Do I have any obligation to be detained or questioned in any manner for somebody else's issue?

CHANGE NEVER COMES UNTIL SOMEONE STANDS FOR IT!

What is it that you think a process server does?

There are many cases where the US Postal Service or FedEx can be used to serve process. Its him handing paperwork to an allegedly responsible adult.

preciouskitty · Jul 27, 2009, 08:25 AM

I understand what a process server is; however, my process server was deputy from the Sheriff's Department.
FURTHERMORE, I WAS ARRESTED FOR NOT ACCEPTING THE CIVIL SUMMONS FOR SOMEONE ELSE.

preciouskitty · Jul 27, 2009, 08:32 AM

My reason for not accepting the summons is that it is not mine. It is that simple. Certainly many people would say what you did, "Why make things difficult?"

I wonder if Rosa Parks thought such a thing. I wonder if people asked her why she was being difficult.

Of course, for many, Rosa Park's choice might seem more profound than mine. However, you must understand that I truly feel violated.

I was not out of line with the officers; I was just trying to go to work. Nonetheless, I was humiliated, handcuffed, and taken to jail. I missed work and will miss more work when I go to court. In these tough times, missing work is a BIG DEAL and will land you unemployed.

There comes a time when somebody should be held accountable for overstepping their power.

It was unnecessary!! The police officer was on a POWER TRIP and determined to exert his authority.

I am not a lawyer either, nor do I know all of the law pertaining to service of civil summons. I do find it enraging that a person can be CRIMINALLY charged for refusing somebody else's CIVIL summons.

excon · Jul 27, 2009, 08:41 AM

Originally Posted by preciouskitty

my process server was deputy from the Sheriff's Department.
FURTHERMORE, I WAS ARRESTED FOR NOT ACCEPTING THE CIVIL SUMMONS FOR SOMEONE ELSE.

Hello again, p:

Boy. I HATE that you are going to make me argue for the police. I HATE cops..

But, a cop is NOT going to arrest you for NOT accepting service. That just isn't a crime. So, as they say, there's MORE to this story.

excon

stevetcg · Jul 27, 2009, 08:46 AM

Originally Posted by preciouskitty

My reason for not accepting the summons is that it is not mine. It is that simple. Certainly many people would say what you did, "Why make things difficult?"

I wonder if Rosa Parks thought such a thing. I wonder if people asked her why she was being difficult.

Of course, for many, Rosa Park's choice might seem more profound than mine. However, you must understand that I truly feel violated.

I was not out of line with the officers; I was just trying to go to work. Nonetheless, I was humiliated, handcuffed, and taken to jail. I missed work and will miss more work when I go to court. In these tough times, missing work is a BIG DEAL and will land you unemployed.

There comes a time when somebody should be held accountable for overstepping their power.

It was unnecessary!!!!!!!!!! The police officer was on a POWER TRIP and determined to exert his authority.

I am not a lawyer either, nor do I know all of the law pertaining to service of civil summons. I do find it enraging that a person can be CRIMINALLY charged for refusing somebody else's CIVIL summons.

First of all, you are NOT Rosa Parks and I take exceptional offense for suggesting you are even close.

Second, you didn't state that you were arrested. What were you charged with? If you were falsely arrested, you have your own civil claim against the police department. For that I would seek my own lawyer. Not signing for a service is not a criminal offense.

My original question stands though... why not just sign for it? Would it have hurt? Presumably this person is your roommate and not signing merely was your way of being insolent to the deputy.

preciouskitty · Jul 27, 2009, 08:46 AM

Originally Posted by excon

Hello again, p:

Boy. I HATE that you are gonna make me argue for the police. I HATE cops..

But, a cop is NOT going to arrest you for NOT accepting service. That just isn't a crime. So, as they say, there's MORE to this story.

excon

Well I hate cops too and I hate to burst your bubble, but that is the WHOLE STORY. PLAIN & SIMPLE...

I am a law abiding citizen. I have never been in trouble with the police. I have never been charged nor convicted of a crime.

I was nauseatingly respectful to the officer.

Nonetheless, I am looking at my arrest papers right now and they say the following:

RESISTING A PUBLIC OFFICER BY REFUSING TO ACCEPT A CIVIL SUMMONS.

stevetcg · Jul 27, 2009, 08:48 AM

Originally Posted by preciouskitty

Well I hate cops too and I hate to burst your bubble, but that is the WHOLE STORY. PLAIN & SIMPLE..........

I am a law abiding citizen. I have never been in trouble with the police. I have never been charged nor convicted of a crime.

I was nauseatingly respectful to the officer.

Nonetheless, I am looking at my arrest papers right now and they say the following:

RESISTING A PUBLIC OFFICER BY REFUSING TO ACCEPT A CIVIL SUMMONS.

What state and county? This is a whole different issue than the summons itself. That's secondary at this point. Yes, your rights may have been violated.

excon · Jul 27, 2009, 08:50 AM

Originally Posted by preciouskitty

I was nauseatingly respectful to the officer.

Hello again, p:

Okee doakee, then. You, my dear young lady, have a big fat lawsuit against the cops.

You want CHANGE... You're going to get it. Hire a lawyer and sue those bastards.

excon

preciouskitty · Jul 27, 2009, 08:54 AM

I am in Lenoir County, North Carolina.

stevetcg · Jul 27, 2009, 08:58 AM

Originally Posted by preciouskitty

I am in Lenoir County, North Carolina.

North Carolina Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

Yeah - hire a lawyer and sue them. You are under no obligation to accept a summons even if it is directed at you.

preciouskitty · Jul 27, 2009, 09:09 AM

Originally Posted by stevetcg

North Carolina Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

Yeah - hire a lawyer and sue them. You are under no obligation to accept a summons even if it is directed at you.

ServeNow.com is a website that I visited. Exactly what part do you think addresses this situation?

By the way, if I seemed rude earlier with my original response, please forgive me. I have received a lot of "WHY REFUSE IT?" from people. It has been quite frustrating.

stevetcg · Jul 27, 2009, 09:21 AM

Originally Posted by preciouskitty

ServeNow.com is a website that I visited. Exactly what part do you think addresses this situation?

By the way, if I seemed rude earlier with my original response, please forgive me. I have received alot of "WHY REFUSE IT?" from people. It has been quite frustrating.

Well, that's the first question that comes to mind, especially when you live with the person being served. First thought is usually refusal of summons implicates the person refusing. It wasn't a personal attack, just a matter of 'seen this question a lot'

The part that addresses this situation is the part that there is nothing that says that it is illegal to refuse a summons (as well as the NC Court System website) and details what to do if summons cannot be delivered. The information on this site is taken directly from the NC General Assembly laws

GS_1A-1,_Rule_4

excon · Jul 27, 2009, 09:45 AM

Hello again,

I read rule 4. It speaks about the servers and their responsibilities - not the servee. Besides, I think you're looking at the wrong law.

I want to see the CRIMINAL statutes... I see that you were charged... I'll bet that your charging papers also included the statute number. I want to see THAT.

Besides, I can't imagine you'll find anything about the servee's criminal liabilities for NOT accepting service... But, in general, you can't be arrested in the process of a civil suit - PERIOD. There just isn't ANY provision in the law for that.

You were charged criminally. I'd hire a criminal attorney. Then when you find out they screwed you, see a civil attorney and get to suing.

excon

JudyKayTee · Jul 27, 2009, 03:56 PM

Originally Posted by preciouskitty

I am not a lawyer either, nor do I know all of the law pertaining to service of civil summons. I do find it enraging that a person can be CRIMINALLY charged for refusing somebody else's CIVIL summons.

Yes, that's very apparent. You also misunderstand how process service works. Before you scream at me in capitals, I own and operate a process service business.

In NY you don't have to "reach out your hand" to accept the summons. I can throw it at your feet, throw it in the door, say "here, this is for you" and tuck it in the door while you're standing there. And it's legal service of process.

In your State substitute service (throwing it at your feet) IS legal: "Personal service or substituted personal service of summons as prescribed by Rule 4(j)(1) a and b must be made" ...

[b]Rule 4(j)(1) states that service may be made on: "(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following: a. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

I'll let someone else address the connection between you and Rosa Parks.

- If you were mistreated, then that is your defense. Your arrest gets set aside and then you sue the Police Department for overstepping its bounds. The way I read the law an Officer of the Court has full powers and if you "resist," you can be arrested.

Fr_Chuck · Jul 27, 2009, 07:39 PM

First you can get arrested for interfering with a police officer and not providing them your ID.

A process server ieven if the police is only going to hand you the summons, if you start getting *** and I bet you did** loud and disorderly, yes you will be arrested.

In fact if they can't find the person for civil action, at some point they trial will go on with the person.

preciouskitty · Jul 28, 2009, 05:46 AM

The General Statute is 14-223 which says, "If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.

There is also an Offense Code - 5310. I am not sure what that refers to.