Federal service follows Rule 4, while states have individual codes. Nationally, servers must be 18+ and a non-party to the suit. Personal service requires identifying you and providing the papers; if you refuse, they can "drop" them nearby. Most jurisdictions allow leaving papers with a "suitable" resident at your home plus a follow-up mailing. Service fails if the server is a litigant.
Depends on the state. When I did it in South Carolina all you needed was a signed statement from the process server saying it was delivered. Only time I had to do anything remotely sneaky was to deliver the papers in a manila folder to a lady at work who didn't have a reliable address to drop it off at.
She was big mad when she opened the folder, lol. Tried yelling 'I don't accept these!' and I had to tell her that's not how that works.
I briefly did process serving up here in Canada and no, it's not like the movies. In most places the person doesn't have to physically accept the papers. As long as you make them aware they are being served and confirm their identity (often simply by them answering the door at the correct address) then they are considered served. You don't get to shut your eyes and plug your ears and say "lalala" to get out of a lawsuit.
Depending on state/province, you can also give it to a family member or guardian that lives in the same estate, but in that regard, it sounds like it would be a fun game of tag.
Federal service follows Rule 4, while states have individual codes. Nationally, servers must be 18+ and a non-party to the suit. Personal service requires identifying you and providing the papers; if you refuse, they can "drop" them nearby. Most jurisdictions allow leaving papers with a "suitable" resident at your home plus a follow-up mailing. Service fails if the server is a litigant.
All a service person has to do is leave the papers in your presence. Once that's done, their job is done and the rest is on the person being served. It doesn't make them un-sued. If you don't even show up you may even get a default judgement. You do not want a default judgement.
It’s more difficult with the uber rich. It usually comes down to notifying their law firm. The author Michael Wolf, who’s suing Melania under NY’s Slapp law, eventually had to have a judge certify that her firm was notified and that yes she is a resident of NY.
When I sued someone several years back the process server told me they refused service but that didn't matter. The papers were set on the floor at their feet and walked away. Likely state specific rules apply.
In most states, all that is required is confirming the person’s identity—which may be as simple as saying their name and their responding affirmatively, you don’t have to check their ID—and then leaving the papers in a reasonable way. Handing them over directly is best, but if they refuse them, dropping them at their feet, putting them under their windshield wiper if they are hiding in their car, rolling them up and sticking them in their shoe if in a pool, etc all count as being good enough.
She told him he was being served and handed him the papers. There's even video evidence that he has possession. He better read those after his interview, lol.
Depends on the state. Mine were taped to my back door. The guys redoing my bathroom came in from the garage and told me, 'You've got mail!' The server borrowed the tape from them.
That seems a bit sketch unless you were home & refused them? Or had dodged multiple prior attempts?
I think all states require recipient ID confirmation (or a person who can accept legal documents for them) BEFORE giving them over so they go to the right person. Once ID is confirmed, if you refuse to take them, THEN they can do something like tape them to a door, but if you weren’t there & the bathroom guys weren’t your legal representatives…just leaving them seems like a potential violation.
you can typically get the court to ok leaving them at a known address if you attempt in person service a few times at different times of day, different days of the week, to demonstrate a good faith effort at in-person service.
Generally, no. The papers are a formality and contain details (that you might actually want) of what you are being served with. In most states, all you need to do is confirm the recipient’s identity, which can sometimes be informal as recognition, especially with well-known people. And you have to leave the papers, but if they won’t take them, you can just drop them at their feet or stick them under the windshield wipers if they are in their car, for example. You can also typically give them to>
anyone authorized to accept or handle legal documents on that person’s behalf, including their lawyers, personal assistants, guardians, etc. I think some states even count them as having been served so long as several good faith attempts were made.
Hollywood loves to play up the “drama” of the whole ‘you have to physically take them, even if tricked’ thing, but it would be a truly shitty court system if you magically couldn’t get sued so long as you refused to touch a specific sheet of paper.
straycatstrut
Is his entire identity still based on the 2020 election, or has he found a new autistic obsession?
SecretAgentSuperBooger
RocketKokket
Guys I think they’re on tv
honeybadgersRus
Federal service follows Rule 4, while states have individual codes. Nationally, servers must be 18+ and a non-party to the suit. Personal service requires identifying you and providing the papers; if you refuse, they can "drop" them nearby. Most jurisdictions allow leaving papers with a "suitable" resident at your home plus a follow-up mailing. Service fails if the server is a litigant.
I can't wait till that POS dies
jenx1976
Is this the same guy the used to carry the urn for the undertaker in WWF?
SecretAgentSuperBooger
sascottsn
I’m pretty sure I just saw lindell assaulting someone live on video… multiple times.
chewybrian
Iblamemyparentstoo
dixxienormus
That's service confirmed.
TapeLeg
what a dorkhole
justherefortheconfession
Hey, don't insult dorkholes like that
flordelasantillas
Served caught on live TV. Pillow your way out of this
Kyzyl
Interviewer saw that this would be more interesting than what Lindell was trying to blather on about.
LeifHietala
The smile on the interviewer's face says it all.
BrusselSpout
Seems he was accusing immigrants of lawbreaking,lol
SuperfatboyMan
https://media3.giphy.com/media/v1.Y2lkPTY1YjkxZmJlZTFia2NyczNqdDh5ZWt2b3ppc2N2aWpvbXV1bnpxeXU4N2drdXZsZyZlcD12MV9naWZzX3NlYXJjaCZjdD1n/TgIRzzk3CgVFFHeOcL/giphy.mp4
TheOneThatGotBanned
ohh that is not the lumpy pillow guy?
IDontCareAtAllButIShould
He took it to throw it away. He accepted it.
NotThatPrivate
Depends on the state. When I did it in South Carolina all you needed was a signed statement from the process server saying it was delivered.
Only time I had to do anything remotely sneaky was to deliver the papers in a manila folder to a lady at work who didn't have a reliable address to drop it off at.
She was big mad when she opened the folder, lol. Tried yelling 'I don't accept these!' and I had to tell her that's not how that works.
mrthewhitee
It doesn't really matter. He's recorded being told he is as served papers. That's enough for any court.
nothingbettertodoandiwouldntdoitanyway
Yes he did and the internet has proof.
CaptainScarfish
I briefly did process serving up here in Canada and no, it's not like the movies. In most places the person doesn't have to physically accept the papers. As long as you make them aware they are being served and confirm their identity (often simply by them answering the door at the correct address) then they are considered served. You don't get to shut your eyes and plug your ears and say "lalala" to get out of a lawsuit.
AamuVircku
And its on vidya too! How convenient.
therealalansmithee
Do you physically have to hold the papers? I know that he finally did, but can’t the process server just toss them and bounce it off his chest?
mrthewhitee
No. In fact you don't even have to be served at all in most places, it's just faster and easier to sue if you do.
Otherwise you have to prove to a judge you made reasonable efforts to find and deliver the papers and the defendant is evading you.
MotoCanuck
Depending on state/province, you can also give it to a family member or guardian that lives in the same estate, but in that regard, it sounds like it would be a fun game of tag.
honeybadgersRus
Federal service follows Rule 4, while states have individual codes. Nationally, servers must be 18+ and a non-party to the suit. Personal service requires identifying you and providing the papers; if you refuse, they can "drop" them nearby. Most jurisdictions allow leaving papers with a "suitable" resident at your home plus a follow-up mailing. Service fails if the server is a litigant.
Razade
All a service person has to do is leave the papers in your presence. Once that's done, their job is done and the rest is on the person being served. It doesn't make them un-sued. If you don't even show up you may even get a default judgement. You do not want a default judgement.
azgrak1
It’s more difficult with the uber rich. It usually comes down to notifying their law firm. The author Michael Wolf, who’s suing Melania under NY’s Slapp law, eventually had to have a judge certify that her firm was notified and that yes she is a resident of NY.
RandomStuffsandThings
When I sued someone several years back the process server told me they refused service but that didn't matter. The papers were set on the floor at their feet and walked away. Likely state specific rules apply.
Imalwaysready
In most states, all that is required is confirming the person’s identity—which may be as simple as saying their name and their responding affirmatively, you don’t have to check their ID—and then leaving the papers in a reasonable way. Handing them over directly is best, but if they refuse them, dropping them at their feet, putting them under their windshield wiper if they are hiding in their car, rolling them up and sticking them in their shoe if in a pool, etc all count as being good enough.
MothMonsterMan
Iirc any kind of acknowledgment counts. Swatting it away is accepting it's happening
BrickaBrackaFireCracker
Lol, just straight up ignores the person like they're a ghost and gets away with it.
justherefortheconfession
Don't know, but she should have just walked up, stapled the packet to his chest, and walked away.
kylepayton1360
Would you recommend a hammer stapler or pneumatic?
Buckman1988
Do it to the tie! The comic relief when it flops down and hits him in the belly would be hilarious.
justherefortheconfession
I was thinking about using this: https://www.homedepot.com/p/RYOBI-ONE-18V-18-Gauge-Cordless-AirStrike-Brad-Nailer-Tool-Only-P321/315855110
magerooster
She told him he was being served and handed him the papers. There's even video evidence that he has possession. He better read those after his interview, lol.
Swiggy1957
He's MAGA: does he know how to read?
magerooster
Well, if he doesn't he at least has a pillow to cry into.
missiletowe12
Depends on the state. Mine were taped to my back door. The guys redoing my bathroom came in from the garage and told me, 'You've got mail!' The server borrowed the tape from them.
Imalwaysready
That seems a bit sketch unless you were home & refused them? Or had dodged multiple prior attempts?
I think all states require recipient ID confirmation (or a person who can accept legal documents for them) BEFORE giving them over so they go to the right person. Once ID is confirmed, if you refuse to take them, THEN they can do something like tape them to a door, but if you weren’t there & the bathroom guys weren’t your legal representatives…just leaving them seems like a potential violation.
NickRivieraMD
you can typically get the court to ok leaving them at a known address if you attempt in person service a few times at different times of day, different days of the week, to demonstrate a good faith effort at in-person service.
Imalwaysready
Generally, no. The papers are a formality and contain details (that you might actually want) of what you are being served with. In most states, all you need to do is confirm the recipient’s identity, which can sometimes be informal as recognition, especially with well-known people. And you have to leave the papers, but if they won’t take them, you can just drop them at their feet or stick them under the windshield wipers if they are in their car, for example. You can also typically give them to>
Imalwaysready
anyone authorized to accept or handle legal documents on that person’s behalf, including their lawyers, personal assistants, guardians, etc. I think some states even count them as having been served so long as several good faith attempts were made.
Hollywood loves to play up the “drama” of the whole ‘you have to physically take them, even if tricked’ thing, but it would be a truly shitty court system if you magically couldn’t get sued so long as you refused to touch a specific sheet of paper.
ThatRaccoonGuy
Fairy Court rules, lol
shehdbeuebw738373
Damn white court