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Civil Summons Turns Criminal?? HELP!!


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I received a phone call tonight from a process server trying to serve me with a civil summons. He said on the message that if I did not call him back and set a time to meet him the summons would become criminal. He probably has an old address so he can't find me. I am out of town so there's no way I can meet him, and I'm just wondering if what he said was true. Does a civil summons turn criminal if they can't find you to serve you? I'm in Tennessee. Please answer FAST!!

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NO. It is not your responsibility to make their service on you, convient. You don't have to make arrangements to "meet" with them or accept service. It is their job to find you and serve you, period. Nothing you do, or don't do, would make it criminal. They are blowing smoke up your skirt.

It may not even be a server, it could be a jdb trying illegal tactics to get you to call them.

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I received a phone call tonight from a process server trying to serve me with a civil summons. He said on the message that if I did not call him back and set a time to meet him the summons would become criminal. He probably has an old address so he can't find me. I am out of town so there's no way I can meet him, and I'm just wondering if what he said was true. Does a civil summons turn criminal if they can't find you to serve you? I'm in Tennessee. Please answer FAST!!

you have a summons or Subpoena ??

subpoena yes they can,,as usually this is "ok'd" by a court meaning you Must appear before some legal proceedings

Summons No they cant,, they just wanna "serve" you with something like a lawsuit notice, ect

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his exact words on the message was "I have a civil warrant with a court date on it. I need you to call me tonight or tomorrow so we can arrange a time to meet. This can turn into a criminal warrant if you refuse to be served. If you will make it easy for me, I can make it easy for you. Please call me back at . . ."

I know there is a creditor that has filed suit in my county against me simply from the county website, however, I have yet to be served...

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his exact words on the message was "I have a civil warrant with a court date on it. I need you to call me tonight or tomorrow so we can arrange a time to meet. This can turn into a criminal warrant if you refuse to be served. If you will make it easy for me, I can make it easy for you. Please call me back at . . ."

I know there is a creditor that has filed suit in my county against me simply from the county website, however, I have yet to be served...

if you do have a court date the COURT will also mail you a notice..

:) call the Police Dept and tell them some wierdo guy is leaving you messages.. and let THEM call him back:twisted:

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:) call the Police Dept and tell them some wierdo guy is leaving you messages.. and let THEM call him back:twisted:

NICE!

In TN it "CAN" turn criminal if they find you, and you go out of your way to ignore them/hide from them. I've never see that happen though.

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NICE!

In TN it "CAN" turn criminal if they find you, and you go out of your way to ignore them/hide from them. I've never see that happen though.

lol hey if you had Police reports that this "guy" was Scaring/threating you may even help with a "harrassment claim"...

hey if HE knows the court date, why could he just say ..XXX we have a court date of XXX to settle this matter, you may call XXX court to verufy this.. geesh why the drama :?

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It may not be an FDCPA violation, but I believe process servers are governed by a code of ethics or even statutes in most states. I wouldn't lose the message and research your state's laws regarding such things.

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Interesting, that last note. I happened to do a reverse phone look up on the number since it was local...turns out to be some kind of financial company LLC sort of thing. Guy claimed it was a cell phone. So it could very well be a debt collector

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Impersonation of a court officer (even if it is a lowly process server) is a FELONY.

Go down to the Sheriff's office (not the "police," they are not trained to deal with this sort of thing) and play the message back to the desk officer. The sheriff handles most process serving for the court so they will generally know the 3rd parties in the area that do that kind of work. It will either be legitimate or not. If not, the Sheriff deputy may be inclined to pay the caller a visit about it.

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his exact words on the message was "I have a civil warrant with a court date on it. I need you to call me tonight or tomorrow so we can arrange a time to meet. This can turn into a criminal warrant if you refuse to be served. If you will make it easy for me, I can make it easy for you. Please call me back at . . ."

I know there is a creditor that has filed suit in my county against me simply from the county website, however, I have yet to be served...

Take that tape down to the Police Station and play it for them and see who gets arrested. My bet its it isn't you.

There is no law saying you have to sit there like a duck on a pond to get served OR shot. Their failure to find you to serve a civil process on you does NOT, in any State, become a criminal offense. Civil does not ever become criminal.

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LOL,

I finally found the provision I was looking for 39-16-602© Obstruction of service of legal writ or process

You found it but you didn't read it.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:

[Part A:1

(1) that the defendant [prevented] [obstructed] a [stop] [frisk] [halt] [arrest] [search] by a person known to be [a law enforcement officer]

[acting in a law enforcement officer's presence and at such officer's direction];

and

(2) that the defendant used force against the [law enforcement officer] [person acting in a law enforcement officer's presence and at such officer's direction];

and

(3) that the defendant acted intentionally.

[and]

[(4) that the defendant used a deadly weapon.]]

or

[Part B:2

(1) that the defendant [prevented] [obstructed] the service or execution by [an officer of the state] [any person known to be a civil process server] of a legal writ or process;

and

(2) that the defendant acted intentionally.

[and]

[(3) that the defendant used a deadly weapon.]]

OP - did you use a deadly weapon to prevent the serving of the process?

Source: http://www.tncrimlaw.com/TPI_Crim/27_04.htm

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