Service with a Guile

Recently I came across a conversation about process servers filming or photographing their handoffs with the words, “You’ve been served.” I don’t know how long or limited the practice is, but I opined visual evidence of service is good.

Not everyone agreed, responding that taking time to record could make a tense situation worse. Furthermore, one said, a process server’s oath prevented them from lying. In a YouTube cast from last year, favorite lawyer Steve Letho seemed to say faulty service is virtually nonexistent.

“Uh,” I said, “I’m aware of at least two cases– personally aware.”

Huissier de Justice

If you’ve been on either side of a legal case– adoption, divorce, eviction, foreclosure, small claims, or other non-criminal matter, you or someone on your behalf likely sent or received papers demanding a respondent’s presence and participation in a hearing. Courts provide a number of options, but hand delivery is popular and relatively foolproof– most of the time. Plaintiff may choose a deputy for the job or hire a private process server.

Professional servers may be certified by county court or appointed by the sheriff’s office. Servers must be local permanent residents, at least 18, drug, disease, disability, and felony free, of good character, pass a background check, and pass a certification exam administered by the court of the sheriff’s department.

Notifications other beyond process service may include publishing or posting. More on that in a moment.

Case 1, Mind Your Pronouns

A party listed me in a suit. When I didn’t respond, an attorney for a fellow defendant called to ask why. I knew nothing about it.

“But you were served,” he said.

“No, I wasn’t.”

“But you were.”

I insisted I had not been served, so he opened an inquiry. The process server wrote something like, “Neighbors at 5601 Hobbit Habitat identified her by name and she received service at 1:38pm.”

There were only two problems. There was no 5601 and… as must be abundantly clear… I am not a she or a her. To my surprise, the court did nothing, merely saying, “Well, you’re here now and that’s what counts.”

Unless some discipline took place out of the public eye, I believe the court had a problem processor on its hands.

Case 2, No Good Deed

My consulting client, Westinghouse Europe, took over a Florida subsidiary. I knew I’d be leaving Minnesota where I owned another small business. Rather than layoff and liquidate, an employee asked to buy the company subject to seller financing. I agreed. I worked closely with her to take over the concern, then left for my job.

Upon my return, I found mail stating a judgment against me of some ten thousand dollars. Apparently, the former employee found the shop more difficult to run than she’s thought. In violation of our agreement, she laid off remaining employees, closed the doors, liquidated assets of several thousands of dollars, and then sued me.

For what? I hired a lawyer. He confirmed the suit and judgment. Unsatisfied with profiting from the sale of stock and equipment, the former buyer realized she might profit another way. She claimed in court she was still an employee now owed nine months of wages. She knew I was working overseas and couldn’t defend a suit I knew nothing about.

The process server wrote that he identified the residence by mail and a newspaper at the door with my name on it. He said the house was occupied as evidenced by smoke from the chimney and a television playing inside, but residents refused to come to the door.

My home was in a state forest. I had no rural mail delivery because I maintained a post box in a neighboring town and never subscribed to a newspaper. I didn’t own a television and couldn’t answer the door because I was working an ocean away.

If we assume the server was an honest man and the plaintiff knew where I lived (which was doubtful), then I suspect the plaintiff deliberately misdirected him. I don’t know how long she planned hijacking the business, but she waited until I was well out of the country.

Courts don’t like to undo judgments, but to my attorney’s surprise, they agreed to hear arguments if I made an escrow deposit of twelve thousand dollars, which I did.

The case languished. For a couple of years, hardly a peep arose from the other side. When another former employee confronted our plaintiff, she claimed her boyfriend made her do it.

That made little sense. I collected the escrow and moved on.

Posting

Evictions and perhaps foreclosures may require a copy of the complaint be affixed to the door of the dwelling. Photographing the attachment is wise although I don’t recall a tenant ever denied service. However, one story made the rounds of a particularly lazy server required to issue summons to residences in a gated community. When denied entry to homes beyond the fence, he simply dumped the papers in a culvert by the entry. Later he attempted to justify it by saying that was the closest to the front door as he could get. The court was not pleased.

But other process servers could be far more dedicated. I discussed ‘Dr. Bob Black’ (not his real name), a disbarred lawyer and defrocked judge who plagued the Orlando area with pesky cons and scams. Dr. Bob (the ‘Dr’ is as phony as the rest of him) bragged about being judgment-proof with his funds out of reach of the courts.

Nonetheless, I was brought in as a witness by a New York homicide detective who sued the fraudster. Unfortunately, the processor found it nigh impossible to catch the subject out of his house. Serving him became a matter of pride.

Picturing the scene without knowledge of the landscape is difficult, but the summoner reported he hid in a tree. When Black didn’t emerge, our man edged up to the house, turned off the water, returned to his tree, and called the water company to report an outage.

Twenty five minutes later, a service truck pulled up to the house. Our dedicated server slipped down from his tree. When Black appeared in his doorway, the process server shot forward, jammed a thick envelope into his hands and galloped off, shouting, “You’ve been served!”

Publishing

In bygone eras, villagers could find notices ‘published’ in their town square with perhaps a crier to draw the attention of those who couldn’t read. These days, some situations require parties to publish notices in a local paper.

Florida has more code enforcement agencies than any other state. If by chance a resident wasn’t afflicted with a home owners association, code enforcement could step in to keep life miserable. ‘The décor police’ is an apt description. Their lobby, er, professional group FACE (Florida Association of Code Enforcement) lobbied for their ‘officers’ (inspectors) to carry badges and guns (likely in dire situations of color clashing paint protestors or an outbreak of pink plastic yard flamingos). Serious looking police-type badges are now de rigueur, but thus far, code enforcement inspectors remain unarmed (Joel Greenberg’s comptrollers office notwithstanding).

Not so long ago, Orange County’s Code Enforcement had a deeply corrupt pocket of ‘officers’ who used their agency to wage personal battle. They violated their own rules and regulations and statutes. Expectations like due process, equal treatment under the law, and trespassing meant little to them.

And they used a dirty trick. When required to publish notices they didn’t want the public to see, they indeed published in a local paper… The Heritage Florida Jewish News. When confronted about this obscure paper, Code Enforcement giggled. They tittered. They sniggered. They chortled. As one Jewish lawyer said, even Jews didn’t read the newspaper. Legal notices still make up a substantial section of its pages.

These days Code Enforcement has become more professional and I was pleasantly surprised to see inspectors following the law. I’ll never become a fan; if a pink plastic yard flamingo makes my neighbor happy, then I’m happy, but plenty of teapot potentates think otherwise. At least I can no longer complain about abusive and corrupt practices.

Accepting

You may find yourself served. If so, I suggest accepting politely and gracefully, i.e, don’t shoot the messenger.

If you have to serve someone, you usually have a choice between using a deputy or hiring a professional process server. You may choose to send a non-verbal message with one or the other, or if you have safety concerns, you may use a deputy.

Be safe. Be respectful, and don’t let anyone fib about service. It’s all part of the process.