Bad process server

[rgr1973]

Long story short. A process server for SEMO Process Service supposedly served a summons at my residence about a year ago. His claim is he served a 15 year old child at my house named "RR, Jr." Funny thing is I don't have a 15 year old child (my oldest was 13 at the time it supposedly happened) and he's not a Jr.

After I hounded Gamache and Myers constantly, I was provided a copy of a summons stating the above. It took me a bit, but I threatened them w/ a lawsuit and turning them into the Missouri Bar and after a lot of letter writing, I finally got the garnishment set aside and have been promised, in writing, a refund of all moneys garnished.

I have what I want from them (or will have after I sign a non-disclosure agreement lol) but I now want to go after this process server. What do I do legally? Thanks!

[nascar]

After you get your money back, sue them all. At least, that's what would provide the most satisfaction. One of our members here, usctrojanalum, is a process server and could probably direct you on what you might be able to do in order to inflict the most pain.

[rgr1973]

After you get your money back, sue them all. At least, that's what would provide the most satisfaction. One of our members here, usctrojanalum, is a process server and could probably direct you on what you might be able to do in order to inflict the most pain.

Thanks, nascar. As long as I get my money back and the judgement set aside, I will be okay on the lawyer's office end of the deal. My main gripe with them was even after I served notice (pardon the bad pun) to them about the illegality of the deal, they kept garnishing. I had to threaten them w/ the Missouri Bar, the OCDC and a lot of bad publicity and they finally decided to play nice.

I wrote a letter to the server's office almost 2 weeks ago simply stating I wanted an apology from them and have heard nothing. I threatened them that I would file a lawsuit if I didn't hear from them and almost 2 weeks later, nothing. I'm sure they don't take me seriously but I'm very serious about wanting to get them in trouble.

I'll PM the aforementioned member as well. Thanks!!!!

[Guest usctrojanalum]

Hi. You have a few issues here,

First I find it very curious that a process server would put down an age of an exact year, such as 15. When I serve process, I don't ask for the persons age I sort of just guesstimate. Like if I serve a person who is young say 13-17, I will put in my field notes "served male, 13-17 years old."

One of the biggest problems you would have in going after a process serving is proof. It's extremely hard to prove that someone maliciously served process defectively. And specifically in your case if you get the judgment vacated, and all the garnishment money returned to you - you essentially do not even have any damages.

What would your cause of action be? You would be looking to sue them under an equitable claim. Now, I do not think a lawsuit would be unsuccessful. Anytime you sue someone it really is much easier to just settle the case rather than hire a lawyer for what could be an expensive defense.

[rgr1973]

Hi. You have a few issues here,

First I find it very curious that a process server would put down an age of an exact year, such as 15. When I serve process, I don't ask for the persons age I sort of just guesstimate. Like if I serve a person who is young say 13-17, I will put in my field notes "served male, 13-17 years old."

One of the biggest problems you would have in going after a process serving is proof. It's extremely hard to prove that someone maliciously served process defectively. And specifically in your case if you get the judgment vacated, and all the garnishment money returned to you - you essentially do not even have any damages.

What would your cause of action be? You would be looking to sue them under an equitable claim. Now, I do not think a lawsuit would be unsuccessful. Anytime you sue someone it really is much easier to just settle the case rather than hire a lawyer for what could be an expensive defense.

Thanks for the reply. I will be happy if all I get is the aforementioned, but I just don't like the idea this dude filed w/ the court saying he served someone and the information is so wrong it's not even funny. According to the law office, his "recollection" was serving a 15 year old (there goes the exact age thing again) whose name was RR, Jr. at my residence.

I read about "robo" servers that simply say they've served when they haven't and that's what this seems like. I also feel like that if he did it to me, who else has it been done to by this person? If someone stands up against an illegality, they might not be so quick as to do it again the next time.

[WhoCares1000]

Thanks for the reply. I will be happy if all I get is the aforementioned, but I just don't like the idea this dude filed w/ the court saying he served someone and the information is so wrong it's not even funny. According to the law office, his "recollection" was serving a 15 year old (there goes the exact age thing again) whose name was RR, Jr. at my residence.

I read about "robo" servers that simply say they've served when they haven't and that's what this seems like. I also feel like that if he did it to me, who else has it been done to by this person? If someone stands up against an illegality, they might not be so quick as to do it again the next time.

I have an easier idea, take your evidence and file a complaint with the Missouri Attorney General. You may not have a claim against the process server but the state may as they may be harmed by the servers actions. If your evidence is good enough, the least that may happen is that the server is put out of business. The most is that the server may face some jail/prison time.

[nascar]

... if you get the judgment vacated, and all the garnishment money returned to you - you essentially do not even have any damages. What would your cause of action be? You would be looking to sue them under an equitable claim.

Let's get creative on this. I see at least two or three different possible theories of recovery. The defendant here was damaged to the extent that he/she lost the use of her money for the time it was taken. Notwithstanding the loss of use, the defendant was further damaged to the extent that he/she lost time and money having to combat the wrongful taking of property. I don't know the underlying facts that resulted in the original lawsuit, but you could probably throw in an abuse of process claim as well.

In any event, I wouldn't care if my damages were only $1. Stuff like this carries with it the threat of punitive damages, and because of that, probably a decent little pretrial settlement. This is the kind of behavior that sympathic juries love to award big dollars for. Just the filing of a decent complaint (one that would withstand a 12b6) would probably net some kind of settlement offer.

[rgr1973]

Let's get creative on this. I see at least two or three different possible theories of recovery. The defendant here was damaged to the extent that he/she lost the use of her money for the time it was taken. Notwithstanding the loss of use, the defendant was further damaged to the extent that he/she lost time and money having to combat the wrongful taking of property. I don't know the underlying facts that resulted in the original lawsuit, but you could probably throw in an abuse of process claim as well.

In any event, I wouldn't care if my damages were only $1. Stuff like this carries with it the threat of punitive damages, and because of that, probably a decent little pretrial settlement. This is the kind of behavior that sympathic juries love to award big dollars for. Just the filing of a decent complaint (one that would withstand a 12b6) would probably net some kind of settlement offer.

Basically what happened is after losing my job through no fault of my own, CitiBank refused to work w/ me without me paying $3000 up front. It wound up going to Advantage Assetts, II and Gamache & Myers as the attorney. I at first figured it was worthless to fight since the court would probably say I owed the debt, etc. Then it dawned on me the fact I was never served and I started demanding proof of being served which has lead me to where I'm at now.

Thanks again for the help! I'll check back this afternoon!!!