Can a process server leave a legal document in our mailbox for my spouse?

[Credit and Debt]

I talked to him out the window, but was unable to open the door.

I told him my spouse was out of town and I would not sign for it.

He left it in the mailbox. He didn't even put it in an envelope.

[Massive]

Improper service, process server has no authority to place any document in your mail box.

[Guest usctrojanalum]

lol you were evading service so the process server did what was in the best interest of justice. we'll see if a judge agrees if this service was improper.

and FWIW, i leave summonses in mailboxes all the time when the weather is bad, and not once have i had the service overturned because of it. i've had 3 judges tell me that if i leave a summons inside of a mailbox because of inclement weather they would never overturn my service.

Edited September 15, 2010 by usctrojanalum

[Massive]

lol, huh? You need to look up Title 18 Part 1 Chapter 83 Section 1725 and now you'll know that you have violated the law on several occasions. Judge's ignorance of the law is no excuse either. lol

[Guest usctrojanalum]

I know what the law is, maybe you should google the words 'judicial discretion'.. lololol

[bobe]

I have to agree with Massive.

It is illegal to leave anything in a mailbox except mail. US postal code.

I am sure that if a judge was truly informed he would rule in that direction.

IMHO that is what is wrong with the world today. It is ok to do whatever as long as it is in the anme of justice.

A lot of people do not think; "What if it was me on the receiving end" or how about a family member?

Improper service is the right call on this one.

[Guest usctrojanalum]

I am sure that if a judge was truly informed he would rule in that direction.

You truly believe a judge does not know this? As for the OP, have your spouse contest the service. Watch what happens.

[Massive]

You truly believe a judge does not know this? As for the OP, have your spouse contest the service. Watch what happens.

Yeah, we think judge's are ignorant of many things the way they rule at times, they are either ignorant of the law or simply corrupt, or both. You seem to think a judge can change the law at his discretion, but the law is the law. Good Attorney's or Pro Se'ers will point that out to a Judge, the law is the law.

[Credit and Debt]

TITLE 18 > PART I > CHAPTER 83 > § 1725

§ 1725. Postage unpaid on deposited mail matter

Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.

Referrence: http :// uscode . house . gov / download / pls / 18C83 .txt

First, I would like to say

I was unable to get down the steps to open the door.

Plus at 7:30 PM I just do not open the door to anyone.

Second, I find it unacceptable for any process server

to leave a Writ of Summons in any USPS Home Mailbox.

How do I find out the contact information, name of the server

so that I can contact the United States Post Office regarding

this matter.

The person who left the paperwork in our mailbox

was in his mid 20`s Short Dark Brown Hair, carried

a clipboard and drove a new Light Silver Color Car.

He said he was from Annapolis..

We plan to return the bottom portion of the Writ of Summons,

Notice of Intention To Defend within 15 days to contest claim.

[jq26]

You guys are talking past each other. It is unlawful to put anything in a mailbox without postage. The way this is handled is by filing a complaint with the Post Office, which may send a postal inspector out to investigate and fine the offender. I have a parent that has worked at the post office for the past 20 years so I am certain this is how it works, regardless of what zip code you are in. Feel free to call your postmaster and lodge a complaint. They are not supposed to place anything in the box.

The question here is if you were served properly (ie have you been given notice within the rules of civil procedure)? I would be shocked if any judge would dismiss a case based on service in a mailbox.

[Guest usctrojanalum]

TITLE 18 > PART I > CHAPTER 83 > § 1725

§ 1725. Postage unpaid on deposited mail matter

Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined under this title.

Where does this say you are not allowed to put a summons in a mailbox? You need the intent to avoid payment of lawful postage thereon. Summonses don't require postage. Massive maybe you were thinking of a different section?

[admin]

Here is the complete chart state by state:

http://www.creditinfocenter.com/legal/process-service-requirements.shtml

So no, I don't think it was proper service, but I wouldn't base my whole case on it.

[WhoCares1000]

Part of it is dependent on the state too. Here in Minnesota, the process server would not bother because they can simply mail it to the last known address with an affidavit of mailing, and I am not sure they even have to do a posting in the paper (might for good measure).

As for this case, I would think that usc is correct. Whether it is legal or not is another question but probably not one for that court to answer. If the OP wants to file a complaint with the Postmaster, so be it. The judge in this case will only look at if proper service was effected under the rules for the state as that would be the question before him.

As for judicial discretion, the same thing happens with traffic tickets. Judges do have the right to make decisions that are in the interest of justice. So do juries really (read Jury Nullification).

[Credit and Debt]

Claim the notification was not served legally

A summons or complaint must be legally served. Defendants may claim they were not properly served with the Complaint and Summons in one of two ways: (1) by filing a pre-trial request that the case be dismissed for improper service; or (2) by making the argument at the trial.

In either case, the trial is postponed, and the plaintiff may have to re-serve a new summons.

[Recovering Attorney]

On a leave and mail, where you talked to teh guy and he said he' d leave it in the mailbox for you, I think that is good service. Presumably you retrieved it, and got it in the mail, since you knoew it was there/coming, you have notice.

I wouldn't trust a nail n mail servie where the process server says h left it in the mail box, no matter what some justice court judge might say. I'd call you in for a traverse