bethany102399
Pearl Clutcher
Posts: 3,531 
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Post by bethany102399 on Sept 19, 2017 15:07:07 GMT
**Update** said person did show up and has been served. So, I have a family member who is trying to have legal papers served on someone. (is on even the correct preposition? to someone?) anyway, having someone served who has now made themselves scarce. All of us are doing the  face when it came back that this person "could not be found". What happens if the guys who do the serving literally can't find this person? I'm more curious than anything else. I suspect they will pop back up at some point. Really I'm just over here hoping for a peaceful resolution for all parties involved, but part of me says how the heck can you not find this person? I mean really is this common? |
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Post by Anne-Marie on Sept 19, 2017 15:18:38 GMT
Disclaimer: I'm not an attorney, nor do I play one on tv or on the internet.
It may depend on the area that you are in, but here in Texas, when a process server attempts service numerous times and is unable to locate the person, the attorney can file a Motion for Substitute Service (here it is a Rule 106). Certain counties may have specific conditions they require but this is fairly standard in my area:
All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information:
1. all efforts taken to verify that defendant actually lives or works at the subject address;
2. each attempt at service, with date(s) and time(s);
3. identity of persons who were present at the subject address and what was said; and
4. a printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which
service is being attempted.
This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The idea is to give the court some assurance that the person resides at that address.
ETA: In the Motion for Substitute Service, the attorney will also specify what substitute form of service they wish to utilize: posting notice on the person's known place of residence, or giving the papers to a person over the age of 18 at the person's workplace, for example. Then the Motion will be heard before the Court and the Judge will rule on the Motion and sign an Order.
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psiluvu
Pearl Clutcher
Posts: 3,217
Location: Canada's Capital
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Post by psiluvu on Sept 19, 2017 15:22:31 GMT
Disclaimer: I'm not an attorney, nor do I play one on tv or on the internet. It may depend on the area that you are in, but here in Texas, when a process server attempts service numerous times and is unable to locate the person, the attorney can file a Motion for Substitute Service (here it is a Rule 106). Certain counties may have specific conditions they require but this is fairly standard in my area: All motions for substituted service under Rule 106 must be accompanied by an affidavit that includes the following information: 1. all efforts taken to verify that defendant actually lives or works at the subject address; 2. each attempt at service, with date(s) and time(s); 3. identity of persons who were present at the subject address and what was said; and 4. a printout of some public record or PublicData.com or similar online database confirming that the person to be served actually resides at the address at which service is being attempted. This can also include a statement identifying license plates of cars in the driveway and attaching a printout of license plates registered to the person to be served. Statements by neighbors or by people residing in the abode must include the full name of the person and a description. The idea is to give the court some assurance that the person resides at that address. ETA: In the Motion for Substitute Service, the attorney will also specify what substitute form of service they wish to utilize: posting notice on the person's known place of residence, or giving the papers to a person over the age of 18 at the person's workplace, for example. This is exactly how it works here in Ontario (Canada) except the Rule is different depending on what level court it is. |
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blue tulip
Pearl Clutcher
Posts: 2,986
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Post by blue tulip on Sept 19, 2017 15:25:34 GMT
wishing them luck, because when I sued someone who played this game, nothing ever came of it. I won a judgement against him when he didn't show up, but was never able to collect a penny. it frustrates me to no end that they wronged me to the tune of thousands of dollars, and by just ignoring responsibility were able to get away with it.
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Post by debmast on Sept 19, 2017 15:29:25 GMT
When I worked for attorneys in NC & GA, tehy would serve people by publication. After exhausting all efforts, there is some way to publish it in the newspaper that counted as them being "served"
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Post by disneypal on Sept 19, 2017 15:35:48 GMT
I live in GA and I don't know this 100% sure but a friend of mine, who filed for divorce, couldn't locate her ex so she was told she had to put a notice in the newspaper.
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Post by supersoda on Sept 19, 2017 15:36:10 GMT
Most jurisdictions allow service by publication. You can find these In the classified section of the newspaper. Some courts have even allowed service by social media in extreme circumstances.
Dodging service doesn't really get you anywhere.
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Montannie
Pearl Clutcher
Posts: 3,486
Location: Big Sky Country
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Post by Montannie on Sept 19, 2017 15:46:20 GMT
Substituted service can be used, but whether it establishes an enforceable order depends on the nature of the legal action.
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mlana
Pearl Clutcher
Posts: 2,523
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Post by mlana on Sept 19, 2017 15:49:29 GMT
Each GA county has a newspaper that is designated the legal organ for that county. If you can't find someone to serve them, you have to run a legal notice in the county where they are thought to reside for 3 weeks in a row. Usually there is a particular issue each week, assuming the newspaper publishes multiple issues per week, that is designated for legal notices.
When my ex refused to sign for the adoption papers that I sent to him via certified mail, the judge had me post the notice of intent to sever his legal parental rights and allow my now DH to adopt my son. My attorney looked up the designated legal organ for the county in FL where we last knew ex had lived and arranged to publish the notice in it. Ex didn't respond in any way, so the judge signed the papers. I don't think ex was in any way against the adoption, he just had so many people after him he couldn't be sure WHO had sent the mail.
If you receive a judgement in your favor, can you go to the various banks and request that they put a hold on the person's account, if they bank there? I seem to remember a long time ago that if you knew where the person banked you could take the court papers to the bank and they would either freeze the person's account until the court sent paperwork deeming the judgement met or they could pay the judgement directly out of the person's account. I had a friend who received a judgement against someone who had wronged her and she was able to collect in some similar manner. Of course, this was in the days preceding online banking.
Marcy
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Post by KelleeM on Sept 19, 2017 16:30:33 GMT
My husband divorced his ex wife without locating her. We're in MA and he had to publish notification.
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Post by Really Red on Sept 19, 2017 16:51:55 GMT
wishing them luck, because when I sued someone who played this game, nothing ever came of it. I won a judgement against him when he didn't show up, but was never able to collect a penny. it frustrates me to no end that they wronged me to the tune of thousands of dollars, and by just ignoring responsibility were able to get away with it. Stuff like this annoys me to no end. How can people get away with stuff like this? Like declaring bankruptcy and then ridding yourself of your debt to incur it immediately again. I find it appalling. I'm sorry it happened to you blue tulip |
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scrapaddie
Drama Llama
Posts: 5,090
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Post by scrapaddie on Sept 19, 2017 19:08:27 GMT
wishing them luck, because when I sued someone who played this game, nothing ever came of it. I won a judgement against him when he didn't show up, but was never able to collect a penny. it frustrates me to no end that they wronged me to the tune of thousands of dollars, and by just ignoring responsibility were able to get away with it. Can't you enforce payment through garnishment or property seizure? |
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Post by anniefb on Sept 19, 2017 19:40:01 GMT
Application for substituted service is how it works in New Zealand (assuming personal service is actually required). Ie you get a court order saying you can publish a public notice or perhaps serve on someone else.
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blue tulip
Pearl Clutcher
Posts: 2,986
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Post by blue tulip on Sept 19, 2017 20:07:34 GMT
wishing them luck, because when I sued someone who played this game, nothing ever came of it. I won a judgement against him when he didn't show up, but was never able to collect a penny. it frustrates me to no end that they wronged me to the tune of thousands of dollars, and by just ignoring responsibility were able to get away with it. Can't you enforce payment through garnishment or property seizure? I had someone look him up and get his social security number, to try and garnish his tax returns. first we had to serve him again for financial disclosure or something, and of course he didn't respond. then there were a couple other steps, all costing me money and I was driving across the sate each time to file, because I didn't live in the city anymore. I don't remember the exact reason I was never able to get results, it was 10 years ago now, but as hard as I tried it never came to fruition.
I ended up finding him on facebook a couple years ago, he was working as a teacher down south, is married. on my saltiest days I think of contacting people he knows and telling them what a shitty person he can be, try to shame him into restitution since legally my options are out. I WON'T, ever, but I like to daydream for a minute about it. 
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Post by berty on Sept 19, 2017 20:19:33 GMT
Can't you enforce payment through garnishment or property seizure? I had someone look him up and get his social security number, to try and garnish his tax returns. first we had to serve him again for financial disclosure or something, and of course he didn't respond. then there were a couple other steps, all costing me money and I was driving across the sate each time to file, because I didn't live in the city anymore. I don't remember the exact reason I was never able to get results, it was 10 years ago now, but as hard as I tried it never came to fruition.
I ended up finding him on facebook a couple years ago, he was working as a teacher down south, is married. on my saltiest days I think of contacting people he knows and telling them what a shitty person he can be, try to shame him into restitution since legally my options are out. I WON'T, ever, but I like to daydream for a minute about it.
You're a better woman than I am. Sorry you had to go through all this. |
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scrapaddie
Drama Llama
Posts: 5,090
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Post by scrapaddie on Sept 20, 2017 13:05:09 GMT
Can't you enforce payment through garnishment or property seizure? I had someone look him up and get his social security number, to try and garnish his tax returns. first we had to serve him again for financial disclosure or something, and of course he didn't respond. then there were a couple other steps, all costing me money and I was driving across the sate each time to file, because I didn't live in the city anymore. I don't remember the exact reason I was never able to get results, it was 10 years ago now, but as hard as I tried it never came to fruition.
I ended up finding him on facebook a couple years ago, he was working as a teacher down south, is married. on my saltiest days I think of contacting people he knows and telling them what a shitty person he can be, try to shame him into restitution since legally my options are out. I WON'T, ever, but I like to daydream for a minute about it.
I would have a hard time resisting!!! |
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Deleted
Posts: 0
May 18, 2024 22:35:41 GMT
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Post by Deleted on Sept 20, 2017 16:00:04 GMT
wishing them luck, because when I sued someone who played this game, nothing ever came of it. I won a judgement against him when he didn't show up, but was never able to collect a penny. it frustrates me to no end that they wronged me to the tune of thousands of dollars, and by just ignoring responsibility were able to get away with it. Can't you enforce payment through garnishment or property seizure? Only if they have property to be seized or have a reputable career to protect. As soon as they quit a job and start a new one it is up to you to find the new job, contact the employer with all the required documents requesting a granishment and restart the garnishment process.. costing you money and time. For people who job hop it is hard to keep a garnishment going. If they move across state lines you have to involve the courts in the new state to enforce the order; they may or may not be helpful in the process (my experience not helpful at all) |
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Post by annabella on Sept 20, 2017 19:54:26 GMT
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blue tulip
Pearl Clutcher
Posts: 2,986
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Post by blue tulip on Sept 21, 2017 13:00:41 GMT
long story short, he sublet my furnished apartment from me for the last 3 months of my lease when I had to move out of state for a job after college. we cleared it with the leasing agent, but never signed any legal paperwork. I knew him pretty well from work, and we were splitting the rent. after having numerous excuses why my rent checks weren't cashed, and not being able to get a hold of the leasing agent, I returned to the area and found that he had not been paying the rent or turning in my checks to them, and they had evicted him 3 days prior. some of my possessions were still on the lawn, others had been taken by residents, others had been scavenged by a local company who made a business of reselling them. I was able to recover very few things, but thankfully things of great importance I hadn't left. the leasing agent had never called me because she quit soon after I left, never forwarded any of this info or contact info to the company. so I was on the hook for 3 months of rent, utilities, the eviction fee, late fees, attorney fees and lost all my stuff. I had no money, it set me back very far at that point in my life. So I sued him for that, and partial value of my possessions. The day I found out, I drove to the restaurant where we had worked together and saw he was there. had a great confrontation about WTF did he do?! to which he had no answer, just kept saying he was sorry. I was able to find out where he lived but he wouldn't answer the door to the server. I finally had to hire someone to serve him while he was working, so he couldn't avoid them. but then he never showed up to court, never answered any other summons or server, and moved again. |
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pudgygroundhog
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Posts: 4,643
Location: The Grand Canyon
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Post by pudgygroundhog on Sept 21, 2017 13:13:03 GMT
long story short, he sublet my furnished apartment from me for the last 3 months of my lease when I had to move out of state for a job. we cleared it with the leasing agent, but never signed any legal paperwork. I knew him pretty well from work, and we were splitting the rent. after having numerous excuses why my rent checks weren't cashed, and not being able to get a hold of the leasing agent, I returned to the area and found that he had not been paying the rent or turning in my checks to them, and they had evicted him 3 days prior. some of my possessions were still on the lawn, others had been taken by residents, others had been scavenged by a local company who made a business of reselling them. I was able to recover very few things, but thankfully things of great importance I hadn't left. the leasing agent had never called me because she quit soon after I left, never forwarded any of this info or contact info to the company. so I was on the hook for 3 months of rent, utilities, the eviction fee, late fees, attorney fees and lost all my stuff. I had no money, it set me back very far at that point in my life. So I sued him for that, and partial value of my possessions. The day I found out, I drove to the restaurant where we had worked together and saw he was there. had a great confrontation about WTF did he do?! to which he had no answer, just kept saying he was sorry. I was able to find out where he lived but he wouldn't answer the door to the server. I finally had to hire someone to serve him while he was working, so he couldn't avoid them. but then he never showed up to court, never answered any other summons or server, and moved again. Ugh, that sucks. What a jerk that he just walked away from everything. |
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Post by annabella on Sept 21, 2017 13:31:59 GMT
I'm sorry that happened to you!
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face when it came back that this person "could not be found". 
