Does a court processor have to serve the person being served or anyone in the house at that address?
Posted by: admin in chapter 13 banruptcy attorney on
kim3moe asked:
I am getting ready to file chapter 13 bankruptcy. My attorney told me to stop paying the credit cards because they were being added to the bankruptcy. Now, a court processor has been punding on my door everyday for a week, 2 or 3 times a day. My attorney said it will take a couple of weeks to get my paperwork in order. I need to know if someone answers the door when I am not home, can he serve them with my papers. This processor has been here on Saturday and after 5 pm. Do they not get paid unless they serve me? He is so persistent,
Tags: can anyone in a home be served?, do i have to answer the door if i am being served with papers, Address
just accept the papers
Geeez what is the big deal
Depends on the laws in your state, but generally, they can leave the papers with any adult at your residence.
If you’re declaring bankruptcy, just accept the papers; it’s inconsequential. If they’re already serving you, then you probably haven’t paid your obligations in 4 or more months, so what is the worry?
Bankruptcy will end all these lawsuits, anyway, so open the door with pride and give’em a wink.
But to answer your question, any adult resident can be served on your behalf.
They can obtain a court order allowing the papers to be left with anyone over the age of 16. It’s no big deal. the lawsuit will be stayed by the bankruptcy filing.
No , they have to serve you specifically, othrwise you could say that you did not recieve notice. I am not sure how the pay part works, normally the person or company wanting you served has to go to court and file it with them , and pay a fee to them. Or they can get a private server to do it and pay them.
i am a licensed process server. in most cases a summons or complaint can be served to anyone over 18 in the household but only after due dilligence. this means that at least 3 attempts must be made to serve you personally. if i knock on the door and you say “who is it” and i say your name and you say yes, you are served i can drop the papers on the ground you verified your identity to me i don’t even have to see your face.
in the case of a supoena (the gentleman’s divorce) the party being served must be served personally. no one else can accept the serve.
i am in california and i can serve between 8 am and 9 pm 7 days a week. the pay depends on the attorney you work for, usually payment is after the first attempt but i don’t bill my guy until after the serve is done. please don’t take your frustrations of a lawsuit out on the server, he or she is just doing their job, they have no interest one way or the other, and with the price of gas these days, i end up losing money if i have to chase someone over and over (i am a higher paid server and i only make $45.00 per serve.)