Need help on this ASAP

JayinGR · 08-21-2006, 11:44 AM

Ok all I am trying to have a def served for my Federal Complaint The RA is not in for 3 of the defendants but his secretary said she would sign for them.....Would this constitute service??

ilovemydogs · 08-21-2006, 11:51 AM

Quote:

Originally Posted by JayinGR

Ok all I am trying to have a def served for my Federal Complaint The RA is not in for 3 of the defendants but his secretary said she would sign for them.....Would this constitute service??

What's a DEF?
ILMD

JayinGR · 08-21-2006, 11:58 AM

ILMD..I was trying to abbreviate for Defendant..

The Defendants are a law firm, an atty for the law firm and an employee of the law firm. The RA is a partner in this firm

ilovemydogs · 08-21-2006, 12:12 PM

Quote:

Originally Posted by JayinGR

ILMD..I was trying to abbreviate for Defendant..

The Defendants are a law firm, an atty for the law firm and an employee of the law firm. The RA is a partner in this firm

While it might be OK I would ask the court, as this seems to me something of a loophole having the secretary sign it,and they are trying to duck service.
I am sure someone here will definitely know.
GOOD LUCK ON THIS!!!
ILMD

hannah · 08-21-2006, 12:12 PM

Jay, I have very rarely seen the actual signature of an actual attorney for any law firm or RA I have process served on that the secretary has not signed for it. This is standard office practive although if you want to be absolutely sure that the attorney signs for it, call and make an appointment to serve the attorney RA. They cannot refuse you. If you are still uncertain, most SOS's office are default acceptors of process. You take to SOS's office and explain what you want and they take it from there and legally serve the RA. It costs $60 here in WV for the SOS to do that.

ilovemydogs · 08-21-2006, 12:17 PM

Quote:

Originally Posted by hannah

Jay, I have very rarely seen the actual signature of an actual attorney for any law firm or RA I have process served on that the secretary has not signed for it. This is standard office practive although if you want to be absolutely sure that the attorney signs for it, call and make an appointment to serve the attorney RA. They cannot refuse you. If you are still uncertain, most SOS's office are default acceptors of process. You take to SOS's office and explain what you want and they take it from there and legally serve the RA. It costs $60 here in WV for the SOS to do that.

Hannah,
I just went and looked at a lot of my CRRR and court suit paperworks, and all were signed by the lawyer,cept one,I wonder why this was here or perhaps my lawyers knew if they did not have it signed there could be a problem?
I do remember Rottie having a problem serving CAMBECEO and not sure if he ever got served as he ducked it all the time. Perhaps she could chime in or help you Jay.
ILMD

JayinGR · 08-21-2006, 12:40 PM

Ok after I talked in person to the process server he informed me that the law firm is trying to dodge service as the secretary said she was told not to accept service but he could leave them on the counter. I told him not to do thta as the case is not showing up in pacer yet and I dont want them to have a head start.

I hope this is making sense.

so what other ways could I have them served? Since I have always filed IFP I have never ran into this problem

jlynn · 08-21-2006, 12:42 PM

Interesting problem. I say that, because I have seen CORPORATIONS that are the RA for other corporations. CT Corporation is the big one that comes to mind...

Pale Rider · 08-21-2006, 12:54 PM

(2) Service under Rule 5(a) is made by:

(A) Delivering a copy to the person served by:

(i) handing it to the person;

(ii) leaving it at the person‘s office with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office; or

(iii) if the person has no office or the office is closed, leaving it at the person‘s dwelling house or usual place of abode with someone of suitable age and discretion residing there.

http://www.law.cornell.edu/rules/frcp/Rule5.htm

jlynn · 08-21-2006, 12:55 PM

Quote:

Originally Posted by JayinGR

so what other ways could I have them served? Since I have always filed IFP I have never ran into this problem

Going all Law and Order here.

Can you get your hands on some local court dockets? Look to see when this particular partner is due in court, and have your process server meet him coming out of a courtroom

Many friendly clerks know lawyers by name and would be able to describe him, if you don't know what he looks like.

You might also look to see if they have a website. You might get lucky and find a glossy pic of him since he is a partner.

rikers1 · 08-21-2006, 01:01 PM

Quote:

Originally Posted by Pale Rider

(2) Service under Rule 5(a) is made by:

(A) Delivering a copy to the person served by: (ii) leaving it at the person‘s office with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office; or

http://www.law.cornell.edu/rules/frcp/Rule5.htm

Would taping it to the inside of the front door be a conspicuous place?

JayinGR · 08-21-2006, 01:01 PM

I did try the website jlynn..it has their profiles but not pics unlike all the firms for the 3cra's....

the process server said for me to CMRRR them andonce I get the green card back to first class mail them and that would constitute service.

I know that is rule for Michigan courts but I dont know about Federal...While I would like to leave it there for the secretary how would I prove I did that?

jlynn · 08-21-2006, 01:03 PM

I think Pale quoted Federal, and I suspect that you just need to file an affidavit.

You need to check your local rules for the Federal courts for the info.

Don't forget - there are Federal Rules of Civil Procedure, then the Local Rules of Civil Procedure (LRCP) - those cover some minor things like paper size, font size, blue backing, and a host of other things...they are usually online at the court's site.

hannah · 08-21-2006, 01:28 PM

Jay, they can't duck the SOS or they will lose their Business License and if an attorney, could perhaps be disciplined by the state bar. Call and see if your state SOS will be default and let them take care of it. No more worries that way.

jlynn · 08-21-2006, 01:36 PM

Oh yea, one more opinion from me. I wouldn't take a service processor's info to heart - they want to get paid

roybean · 08-21-2006, 03:14 PM

Service of process cases over in case law too. There is more than one way to skin a cat if they are trying to be slick.

roybean · 08-21-2006, 06:20 PM

Registered Agent and Process of Service Case law

JayinGR · 08-21-2006, 10:26 PM

Thakns RB..Thats great

roybean · 08-21-2006, 10:29 PM

We've got your back!

JayinGR · 08-22-2006, 02:15 PM

Atty caled yesterday and asked what my intentions were in regards to the house since they received my Affidavit of Occupancy.

I called back and left a message with one of the atty's who is also a Defendant and stated very clear in a firm tone that my intentions as well as DW's are laid out in the Federal Complaint that they were attempting to dodge service for. Any question they had could be communicated to me after they accepted service