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Urban legend or viable argument?


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Is this an urban legend, or is there some validity to this?

The United States Postal Service is not authorized to serve process. They are not bonded to perform such a service. The carrier cannot see into the envelope, so he/shee cannot swear to the contents of what was delivered and who received it. Therefore, "service by mail" is illegal.

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Doc.. are you starting to pull a Sky Warner and thinking up new angles to shoot people with? LOL :roll:

Seriously though...

I was thinking the same thing before.

And I was also thinking about this whole mail thing.

When a CA SAYS they send you a letter. How do they prove they sent it?

I mean I can stand all day and say I sent a letter that wasn't returned but how can I prove it?

How do they prove they even sent the initial letter. Couldn't we clog the court systems with he said she said mailing comments?

Hey.. we sent her a letter.. it didn't come back.

Hey Judge.. I sent THEM a validation letter that didn't come back.

Just a thought.

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Doc.. are you starting to pull a Sky Warner and thinking up new angles to shoot people with? LOL :roll:

LOL You've created a monster.

I was just thinking that service of process by a postal carrier shouldn't be allowed for the reasons given. Same goes for being "served" by the media. What about typos? Who do you drag into court?

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The POstal Service is not a process server. The feds, and many states, have a service by mail procedure. The defendant has the option of acknowledging service by mail. There is a penalty if you don't, though.

Most state laws allow substituted service, such as leave n' mail ( they give it to your spouse and mail you a copy) and nail n' mail ( they nail it to the door and send you a copy), which is used when the process server can't give it to you personally.

Don't overthink it, guys.

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Maybe I'm not reading the law correctly, but it seems while there are different forms of acceptable serivce (this is my thinking Kristy), there isn't anything to the effect of a procedure that needs to be followed (ie: attempt to serve directly, then taping to the door of your last known address, then USPS, then printing in newspaper).

They can 'jump the fence', so to speak, have the USPS deliver it, and consider you served. Then you watch the news and there's reports of bags full of U.S. mail being found dumped in creeks.

Maybe I am overthinking it. I just feel there needs to be more accountability.

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I see your point Recovering, thanks. I was looking at MI:

Rule 2.105 Process; Manner of service

(A) Individuals. Process may be served on a resident or nonresident individual by,

(1) delivering a summons and a copy of the complaint to the defendant personally; or

(2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule (A)(2).

Then: (B) Failure to File. Failure to file proof of service does not affect the validity of the service.

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Some dumbass tried to serve a summons on me a few years back to my ex-wife. He threw it in front of her after yelling and screaming obscenities for 10 minutes and calling her a liar. I hadn't lived there in nearly a year.

Well, he got a default judgement that I never even knew existed. It was retalitory because I had won in small claims against him.

He then put a lien on HER Explorer. Never could see how that was done.

I did get it vacated for improper service and harassment and never heard from the knob again.

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I would say, if someone sends you service by mail and you don't sogn for it and it gets returned, the process server has to go back to step one.

Might as well see if we can't get it at least removed for improper service. It was paid just to keep a lien off the house, but still reeks of lawyer intimidation.

We'll see.....

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I had someone come to my house looking for my brother. I told the shithead he didn't live there ( which was true) but I refused to give him his address. The guy said, I'll give it to you, then. I told him he'd be making a BIG mistake and that the lawyer who sent him would be very embarassed. He left it at my feet. It was a big mistake....

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I never did figure out how he put a lein on her Explorer.....didn't find out about it til she went to sell it. What a mess, but I got it straightened out after about 2 weeks.

My name had never been on the title and we had been divorced for about 6 months at that time.

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That's what I found strange. Idaho law states:

Rule 4© By whom served. Service of all process shall be made by an officer authorized by law to serve process, or by some person over the age of eighteen [18], not a party to the action.

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Ok, see the guy that cursed her and called her a liar WAS a process server. He was serving for the asscrack that was sueing me in retaliation for me getting in his pocket.

I told her to sue him as she had witnesses. She's a wuss a wouldn't do it.

Don't process servers have a code of ethics or something?

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Some states only require you have a pulse (and in some cases, that's not fully enforced). Some states require they be 'certified'.

There had to be something else going on. It's not a server's business to pass any kind of judgment on the individual they're serving, and certainly not to utter insults, threats, or profanities. Course, if he was employed by the asscrack as a server, his reaction at least makes more sense.

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He actually accused her of hiding me in the shed....How did he know there was a shed? The damned house has severe privacy fencing around the entire backyard that is 10 feet tall (for those late-night hot-tub parties :wink: ) :roll:

I was in Spokane which is 35 miles from her house.

And yeah, the guy that was suing was REALLY pissed.

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I think sometimes it depends on the states but also the counties and the judges themselves.

When my dh's ex had him served because she was requesting custody of their two minor children she had some drunk guy walk up the steps and put the forms on the door step--I found the papers there when I got home.

When I asked my then fiancee about it he said some drunk guy was asking for "Jim" whilst banging on the door, so he didn't answer--in other words, they weren't dropped at my fiancee's feet nor were they placed in his hands as our state law says equates "proper serving." We had no idea she was doing this and so had no idea to "avoid" being served--but she got away with it among many other things she got away with. :roll: Get a sympathetic and STUPID judge and get a STUPID attorney to represent you and watch out--that's all I can say. Our atty was CRAP--her atty was GOOD plus he was free of charge.

Some people EXCEL at working the system. My dh's ex was one of those despite her mental health issues--she got away with stealing 12,000 from the social security admin. After her ex dh had custody of their two boys for 6 yrs she got custody and then claimed she'd had custody the "whole time" so they gave her the money (her ex was on SSI due to numerous car accidents and being unable to work). We were ONCE contacted by the SS admin about the case but NEVER were able to find out what actually happened...we assumed she got away with it.

Elyse

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