Serving Legal Process in a Pizza Box?
Posted on Thu, Sep 01, 2011
You've been served - but not pizza!
Some of you may have seen an episode of a popular TV show in which an individual who'd thus far evaded the process server found himself opening a pizza box, with the "delivery man" saying, "You've been served." Ouch.
Images like these – from TV and movies – color our perception of what this is all about. Often we see an armed law enforcement officer serving process, and the recipient running as fast as he can to get away.
The reality is that, in many cases, being served is important to the recipient – it might be notice of an upcoming eviction, collection of a debt, or even divorce papers. While the recipient may not want to receive any of those documents, walking around in ignorance of a legal process that is taking place outside your radar screen gives you no opportunity to address and solve the problems. Ignorance, in this case, is definitely not bliss.
For most people, the likelihood of being served in a civil process by an armed law enforcement officer is slim. That's because there are two types of civil process service: Enforceable and Nonenforceable.
Only a sheriff or his deputies can serve Enforceable process. These activities require physical action. That means the sheriff or a deputy can Enforce cooperation if necessary. Examples of Enforceable processes include situations in which a writ is issued to recover an item of personal property wrongly taken, or to restrain a person from leaving the country or the jurisdiction of a court. The best known example is the Writ of Habeas Corpus, requiring officials who have custody of a prisoner to bring the prisoner before the court, so that the court may determine whether the prisoner is being detained lawfully.
Non-Enforceable Civil Process requires only that process be served; no physical action or enforcement is required. Examples include:
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Complaint
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Subpoena Duces Tecum
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Notice of Hearing
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Summons
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Petition
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Witness Subpoena
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Rule/Order to Show cause
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Writ of Garnishment
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Using the right server in the right jurisdiction and knowing the rules of the case jurisdiction are essential. How do you know whom to trust?