angilewis Posted September 3, 2014 Report Share Posted September 3, 2014 Cheers! In Oregon I received a summons dropped off on my doorstep/porch which was discovered by a younger than 14 year old child. I have now had the pleasure of discovering the messenger has signed an affidavit contending the complaint was personally delivered to me. I complained to messenger service and the DOJ but need to know what steps will effectively and on the record object to this perjury through affidavit? This improper delivery is just one element of flawed proceeding..... sigh Thanks for any input! Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 3, 2014 Report Share Posted September 3, 2014 @angilewisThe process server used "substitute service". He was allowed to leave it at your home but should have indicated that form of service in his affidavit. The fact that a person younger than 14 found the summons may not be a problem. He just couldn't leave it with someone who's younger than 14.D(2)(b] Substituted service. Substituted service may be made by delivering true copies of the summons and the complaint at the dwelling house or usual place of abode of the person to be served, to any person 14 years of age or older residing in the dwelling house or usual place of abode of the person to be served. I'd contact an attorney and ask about the process server's affidavit to find out if the service was valid. You may not have anything actionable against the plaintiff unless the process server is employed by the plaintiff. Quote Link to comment Share on other sites More sharing options...
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