behavior of process server

[equislee]

What can a process sever get away with? My impression of them is that they are basically low paid dicks that go around with a plastic badge and serve papers. I had one show up the other day, looking for my mother, it has to do with a credit card issue which I am responsible for and have been taking care of but was issued in her name. He started asking a lot of questions about my mother, of couse I wouldn't answer, (she wasn't home), then he got all in my face and repeated what I had said and said "sounds to me like your being purposely evasive, perhaps you don't understand" at which point he showed me his "badge" and I said that I understand exactly what was going on---I wish that I could have elaborated but I happened to have a 4-H group meeting going on at the time. Then he tried to ask a few more personal questions, of which I again wouldn't answer, then he told me that she better call him because "it would make things easier" almost implying a threat. I am in the process of clearing up alot of these past credit mistakes that were brought to a head by unemployment, taking a job at 40,000 less ayear, and I am sorry I used my moms card and then was in a position to not pay but have been doing the best I could. She is a 80 year old lady who does not need a jerk like this coming around, I have had papers left on doors, in mail boxes so I know he doesn't have to do what he is doing. Do I have any body I can complain to about him? I almost think that this is the same guy that someone on this post investigated and told me was no longer licensed in the state of Michigan. Unfortunatly I got so mad that I tore up his card and threw it away. I am pretty sure that I could remember his name though .

[gdouglaslee]

I don't understand the question/issue. Are you saying you want to take vacation or unpaid leave from work for contempt of court? Or are you saying you want to take vacation or unpaid leave from work for hindering service of process?

Perhaps you should just move on.

[Xanathos]

I caught what Doug was implying...and you don't have to worry about that. But as to your question:

I imagine that a lot of process servers are a lot like bounty hunters and repo men, by and large. That is, they're wanna-be cops that for whatever reason weren't good enough to make the force (which is really kind of sad when you think about it). They like exerting phantom authority and alluding to power they don't have. Of course, when it comes right down to it, they will typically call the real cops to bail them out. Emboldened anew by the presence of "true" blue, they can typically start strutting again...so that the real cops can laugh at them and shake their heads in pity.

So if I'm right, next time you see him...make fun of him. Start laughing at him. I had to deal with a number of bounty hunters as a kid; and always got a real kick out of the reactions when I just started cracking up at em. It's great fun.

[c m chase]

I don't understand why a process server was asking ANY questions other than "Is Ms. xxx here?" I thought process servers just SERVED? If he's not an agent of the collector and isn't trying to collect, he doesn't get to ask questions, right? And if he IS an agent or IS trying to collect for them, he's a debt collector.

What kind of questions was he asking that would matter to him?

[divemedic]

Kind of like that reality show Dog the Bounty Hunter on A&E. He mentions in nearly every episode that he is law enforcement and he has warrants. He also talks in several of the episodes about howmany bounty hunters carry guns, but he chooses not to.

A bond revocation is not a warrant.

He can't carry a gun, or be a cop. He is a convicted felon. He did a long stretch in Texas for a killing. (I can't remember if it was manslaughter or murder, but either way, still a felony)

[Xanathos]

I don't understand why a process server was asking ANY questions other than "Is Ms. xxx here?" I thought process servers just SERVED? If he's not an agent of the collector and isn't trying to collect, he doesn't get to ask questions, right? And if he IS an agent or IS trying to collect for them, he's a debt collector.

What kind of questions was he asking that would matter to him?

Maybe he goes home every night and watches Serving Sara

[LadynRed]

The guy was way overstepping his bounds and since he DOES have to be licensed or somehow 'qualified' to serve process, then you need to file a complaint against this moron with that authority. Finding out his name won't be all that hard - call the courthouse and find out who he is, it should be in the file.

[Xanathos]

The guy was way overstepping his bounds and since he DOES have to be licensed or somehow 'qualified' to serve process, then you need to file a complaint against this moron with that authority. Finding out his name won't be all that hard - call the courthouse and find out who he is, it should be in the file.

That's state-dependant, LnR. My state for example...the only requirement is that the person be over 18 years of age, not be affiliated with the case, and have the ability to certify that they were cognizant when they served the papers.

[equislee]

That's my impression that a process server is paid nothing more than about 25.00 to get court papers to someone, if they can't physically hand someone the papers they will get an ok to deliver then through the mail or I have had court papers just scotched taped to my door. This guy was just being a real jerk------I mean she is an 80 year old widow, who lives alone and he was asking questions like.....when is she home, when will she be home, and when I told him that her schedule varies alot , he asked what she did that caused her schedule to vary so much. My husband was a reserve police officer and believe it or not worked for a repo place when he was unemployed just to be able to pay his bills, and I know these guys are nothing but usually exfelons, cons themselves that can't find anyother work. I have to go to the courthouse today to get some paperwork to finalize my Chp 7 (ya!) and I will ask who I can complain to about this jerk. As to the person that first posted a reply there is an old Native American saying that goes Don't judge a person Till you have walked two moons in their moccasins, otherwise I wish on you the hell that I have been through for the last two years.

[DocDon]

gdoug, your sarcastic comments in response to legitimate questions is childish as best.

equislee - call the police and file a report. Process Servers in MI is not a recognized law enforcement position.

These people are often hired by CA / law firms and paid like $10 for each process they deliver.

Further, this is a civil matter, not a criminal matter. There are other avenues tough guy can take to get your mother served.

And don't let the CA / law firm tell you they had no knowledge...

CALL THE POLICE whenever somebody displays a police-style badge while in pursuit of a repo or collection.

Remember: it is now a Federal offense to display a fake police badge.

[Sultan]

equislee - call the police and file a report. Process Servers in MI is not a recognized law enforcement position.

Thats what I would do. I know of someone who filed a police report against an investigator for a public defenders office who was defending a schmuck that assulted a family member. The investigator lied, used deceit and when they showed up to serve some paper work, the folks called the police, made a report, called the D/A, wrote a letter and received a personal phone call from the head D/A all with in a couple of days. Needless to say with the proactive response and the right letter writing skills the schmuck plead guilty to some serious charges the following week. And the investigator looked like a real donkey.

[DocDon]

The OP probably won't have to do that much. Flashing a fake police badge is a felony. Period.

For this paper pusher to "get in someone's face" and carry a fake police badge is not only illegal, but disturbing.

[Sultan]

Not only that but this guys atomic clock could have stopped ticking a long time ago. What a nasty job that would be; process service. Gimme Mickey D's or a lowly job answering phones as a CSR over that all day long.

[Xanathos]

Not only that but this guys atomic clock could have stopped ticking a long time ago. What a nasty job that would be; process service. Gimme Mickey D's or a lowly job answering phones as a CSR over that all day long.

I dunno, I give a process server out west 40 dollars on a regular basis to basically walk 2 blocks and give the paperwork to someone sitting behind a desk. Pretty easy money, if you ask me.

[Sultan]

Actually thats not too shabby at all. I think of people wanting to kill the messenger and it makes me feel like it's just something I would never want to do for a living. Then you get those types like you said couldn't make the force and so they as you put it;

They like exerting phantom authority and alluding to power they don't have.

For certain personality types it may be a perfect job.

[workinninetofive]

That's like being a bill collector in a sense. I guess it could be more dangerous. I used to work for a real tycoon who refused everything LOL.

[gdouglaslee]

These people are often hired by CA / law firms and paid like $10 for each process they deliver[./quote]

I got paid $35 and that was 10 years ago.

As incredible as it may seem, some process servers are actually county police or county sheriff's deputies in plain clothes. They usually only wear uniforms when serving gran jury subpoenas, criminal warrants, bench warrants (aka capias warrants) or witness subpoenas for criminal complaints.

It's rather assinine to assume that all process servers are civilians, because they are not. Not all process servers are plain clothes sheriff's deputies or off duty police (who also love to serve process), either.

They point being since no one actually knows what kind of process server is standing on their door step, they should just keep their mouths shut. In most states hindering or interfering with service is an M1 to a F4, so someone mouthing off might find themselves face first in the dirt, then in the back of a patrol vehicle then in lock up until their arraignment (and of course going through withdrawal because I doubt they will let you access creditinfocenter).

[DocDon]

O.k. .... a process server delivering notice that MBNA is suing you is going to throw you down, handcuff you and stuff you in a police car...

Please post the laws regarding hindering a process server. I can't find any. If those laws do in fact exist, they should be posted here in a sticky.

I did, however, find the application to be a certified process server for Florida (about three questions more in-depth than my application for Pizza Hut). Nowhere in there or the Florida Process Server Act does it make mention of police power or state arrest can be made upon a subject who fails to cooperate.

Here's some other Class 4 felonies (along with supposedly giving a process server a hard time):

Assault

Theft

Possession with intent to distribute, and distribution of a controlled substance (methamphetamine)

Conspiracy to distribute marijuana and distribution of marijuana

Introduction of contraband into a prison facility

I used to serve process when I was a kid for 2 law firms for $7 each plus gas/mileage. Rule was the police could show up to keep the peace, but not intervene as it's a CIVIL matter in a PRIVATE lawsuit. Same as a repo surprisingly enough.

Back to our original poster:

equislee, what many states do have is relief when a process server oversteps their "authority". In states that require certification, you may actually file a formal complaint (which I guess would explain why they have to be bonded).

In any event. There is little need to be a hardass to deliver papers in a civil matter.

I would suggest filing a police report for the badge flashing incident. Chances are, if this was an off-duty PO or Sheriff Deputy delivering summons, it's a conflict of interest to display their department badge while delivering process.

If he was employed by the CA/law firm, you may now have the CA on a serious violation of not only the FDCPA, but Federal law regarding the display of counterfeit police badges.

[equislee]

Thanks for all the info, I really would have had a tough time getting through the last couple of years without this board. I actually found out after talking to my mother that once before on another civil case, this same server got my mothers phone number and called her, she has caller id but because it was a local number she answered it, he hung up on her and within a few minutes was at her door. Actually like I said my husband did repo work for a very short time---when he was unemployed and it was the only job around that promised to pay $10.00 a hour. The guy that owned the place did just about every thing illegal, all of his employees were exfelons that couldn't get a job elsewhere and he ended up working 70 hours a week sometimes just to get a car so it came out much less than 10.00/hour. About the only thing that came out of it was enough material to write a book on, particularly a few repos that took place in the UP and Detroit----but he would never ever do it again, he would much rather take a job at Mickey D's! You get a gun in your face alot less often.

[DocDon]

Still awaiting the misdemenor and felony charges post from gdoug....

[equislee]

Called about making a police report/complaint about this person and they referred me to dispatch (I live in a small rual county) dispatch was about as nasty as the server... she said well why don't you just call him and make an appointment with him to deliver the papers and get it over with. I told her that isn't the point, that he doesn't need to be asking personal questions,and acting like a bully to serve civil papers on a personal lawsuit. I think he maybe was her husband/boyfriend, anyways I know it wont change things but I am going to find out her the head shierff is in this county and write him a letter about this.

[DocDon]

Take it up with the State Police. Forget about Barney Fife and company - they wouldn't even know where to begin.

This person flashed what may have been a fake badge. This is serious business - not just "he was nasty to me"....

[KentWA]

When you call do not give them the whole story. I am not saying lie, but if you throw too many issues into the pot, they may go off on a tangent. Simply state that he came to your house to serve on someone that does not live there and about his bahaviour and flashing the badge. You want to make it very simple and too the point for them.

[divemedic]

You wanna make trouble? Call the Homeland Security hotline and tell tham a man with a fake badge has been around your house asking questions.

[J Miller]

ROFL!

Damn... that was funny!

-J