Why do tv shows make a big deal of serving lawsuits ?
Posted by Wonderful_Tank784@reddit | AskAnAmerican | View on Reddit | 153 comments
why do tv shows make it a big deal of serving lawsuits like it's impossible to reach em , can't they just mail them to the defendant ?
Cinisajoy2@reddit
Here, the constables serve the papers. And in an interesting twist, if the person can't read, they have to either read it to them or hand it to someone that can read. And make sure the reader is reading it when they leave.
Lezlord-69@reddit
They have to be sure that the person received the lawsuit without a doubt, so they hand deliver them. Some people know they have an outstanding lawsuit and will try to hide out so they can’t get sued.
jub-jub-bird@reddit
I had a boss who knew the company was going to be served for a lawsuit and had told the receptionist not to accept the papers. I happened to be there when the server tried to hand her papers and she just let them fall on the floor... which is where they lay for the next couple hours on the floor in the middle of the lobby until another partner came in how happened to also be the company laywer who told him he was an idiot and that can't work so stop being a dumbass and just read the damn papers so they could see who exactly was suing them and for what.
One of my favorite memories from that job... The whole thing played out like a slapstick comedy topped off by the owners being Jewish small business owners from New York City who lived up to every stereotype as if they'd been sent over from Central Casting for the role.
Boopa0011@reddit
This feels adjacent to sovereign citizen nonsense. I wasn't properly served because I didn't let the papers touch my hand! And also this belongs in admiralty court!
jub-jub-bird@reddit
True though I think it's a popular misconception fueled by the kinds of TV tropes the OP was asking about.
Wonderful_Tank784@reddit (OP)
Can't you just mail to their home
wwhsd@reddit
In my experience, they can mail you a notice of intent to serve papers that allows you to choose to decline actually being served and avoid the cost of being served. This only works if the person being sued is cooperative.
big_sugi@reddit
In some jurisdictions, refusing to waive service can result in you being responsible for the costs incurred by the other side in serving you.
At a minimum, the cost of a process server is a recoverable cost for a prevailing plaintiff.
Boopa0011@reddit
Just want to say I'm sorry everyone is downvoting this completely understandable question from a person who is unfamiliar with the specifics of the US legal system.
Wonderful_Tank784@reddit (OP)
thanks for understanding
CaptainPunisher@reddit
Yes, you can buy it has to be certified with a signature of receipt, and the post office will send that back to the sender. Otherwise, regular mail could have gotten lost and will have no verification that the person received it.
The courts want to make sure that a good faith effort was made to notify the other party that they're being sued. Also, despite what you see in movies, the papers don't physically have to touch the person being served. If contact is made with the person, leaving the papers with them and notifying them that they have been served is sufficient. You do need to verify that it's the correct person that you're serving.
the-quibbler@reddit
Not without the court's permission, usually. You have to prove you've exhausted your options for personal service first, generally.
Round_Creme_7967@reddit
Some people in here are giving you bad info and some are giving you good info. I haven't been a litigator for years but I have a fair bit of experience in dealing with service issues from that work.
The gold standard in all American (and some other countries') jurisdictions is personal service, typically by a trained process server (who is often the local constable). In situations where personal service cannot be achieved AFTER reasonable attempts to do so, a judge may authorize a form of substituted service which may be by mail or even by email/social media. Each jurisdiction has its own specific rules for the substituted service, but it generally boils down to whatever the judge believes is the most likely way that the person being served will actually become aware of the lawsuit.
In some very specific kinds of cases (e.g. probate cases) states often require a very specific set of steps to effect service including a mix of both personal service and service by certified mail, as well as posting notice in a local newspaper.
There's a ton of history as to how process service has developed in the U.S. over the years that I don't have the time to go into now but it pretty much all can be traced back to the due process clauses of the 5th and 14th amendments to our constitution. The courts have repeatedly found that those clauses mean that it is incredibly important for the legitimacy of judicial action that all reasonable (and sometimes extraordinary) measures are taken to ensure defendants have knowledge of the suit and the chance to defend themselves.
SirMildredPierce@reddit
They have to be sure that the person received the lawsuit without a doubt, so they hand deliver them.
Rogue_Cheeks98@reddit
google the term “plausible deniability”
captainstormy@reddit
Important legal paperwork is delivered in person.
For one, that way you can prove they got it.
Secondly, mail doesn't always get to the right place. I get tons of mail for wrong addresses. And I bet some of my mail is delivered to the wrong place too.
Third, a lot of people don't even check their mail. I'm one of them. The only thing in there is junk mail. Import stuff is all electronic for me these days.
smarterthanyoda@reddit
Sometimes mail is acceptable. If the plaintiff is unable to deliver a lawsuit they can ask the judge for alternate service. The judge may allow service by certified mail.
jaethegreatone@reddit
No. If you can't prove they were served, the case can be dismissed. You have to show proof of service. People will literally duck service because of this. You have to show the court you have make reasonable attempts to serve them, then you can ask if you can serve them via the newspaper or the like. Some cases also have expiration dates. For example, suing for a debt expires at 3 years, depending on the state. So someone might move in the middle of the night, quit their job, etc, to avoid service.
killingourbraincells@reddit
Depends on the state. Some states allow service via Certified Mail, ideally you want a return receipt with a signature to show who got it.
MyUsername2459@reddit
States have wildly varying rules on that. Some allow it. Some don't. Some allow it with certain exceptions or exclusions.
killingourbraincells@reddit
Yes. That is why I said depends on state.
MyUsername2459@reddit
No.
Then they'll say they never got it. There's no proof it was delivered.
You can try to serve something through the mail in a format that requires signature (such as certified mail). . .but then the recipient they can simply refuse to sign and then there's no proof because a postal worker saying someone refused to sign isn't proof that someone was served.
For anything where the service may be hostile or confrontational (or the person being served may want to deny they were ever served), you have to serve it in person so the process server can testify they served it.
treznor70@reddit
Have you received every piece of mail that was mailed to you? If you say yes, how do you know? While certified mail (usps) or signature required (ups/fedex) show that it was indeed delivered, it doesnt necessarily gaurantee that the person actually named saw it as it could have been someone else in the household that got it and neglected to give it to the named person, etc.
As a result, most federal judicial subpoenas are in-person only, many administrative subpoenas can be done via mail or email, and states are all over the place. Just depends on how important the court in question has determined it to be that the person named is personally aware of the subpoena.
big_sugi@reddit
Under some circumstances, yes. In-person service of process is not required for all lawsuits by all courts. For example, it’s not always required by small-claims courts, and there are procedures in other courts as to when and how service by mail or other methods are permitted.
However, in-person service is a standard requirement for beginning a lawsuit. After that, the papers will be mailed/emailed tp the person or their lawyer.
macoafi@reddit
No, because they'll just claim it got lost in the mail. You could have it delivered with signature verification, but then…that's… almost the same thing. In that case the postal carrier won't just leave it at the house, so it's still a matter of needing to be present for the delivery. And if they accept a signature from a different person at the house (like your spouse or roommate or if it's an apartment building, the concierge), the person might claim it wasn't passed on.
thingsbetw1xt@reddit
No because you can't prove they received it.
theycallmethevault@reddit
Nope, wish that were true! Especially when it’s for protection orders, they have to make sure the person is served.
bearsnchairs@reddit
Mail can be lost or stolen. Rare but it happens.
IconoclastExplosive@reddit
Some paperwork is legally required to be served in person
Lezlord-69@reddit
No because they can claim they never received it, it got lost in the mail, delivered to the wrong address etc.
CarpeDiem082420@reddit
I worked at a law firm years ago. A man had been dodging service in a civil case for weeks, and it was the Friday before the hearing. Based on a tip, the firm sent me to the state capital city where the man’s employer had another office.
I breezed in and said, “Hi, is Jim around?” The receptionist said, “Sure, he’s over there.”
Ol’ Jim was sort of ogling me as I walked toward him. Had his tie loosened and was clearly ready for the weekend. I asked if he was Jim Smith (you have to confirm their identity) and he was basically leering as he said, “Sure am!”
I handed him the subpoena and he was TICKED.
I got to spend the weekend in the big City, on the firm’s dime, so that I could be in court on Monday morning. Sure enough, when the trial began, Jim’s lawyer asked for the case to be dismissed, saying his client hadn’t been served.
The attorney for my firm turned and asked me to stand, then he asked the judge if I could come forward. Jim just shook his head, glaring, and his lawyer basically slid under the table. The judge was clearly angry — the lawyer could have been disbarred over making a false statement.
That was about the only semi-exciting thing that ever happened at the firm.
Budsygus@reddit
That's awesome.
What lawyer on earth would think "He was never served!" would work as a defense? Especially knowing he had been. Even if you weren't present, odds are the lawyers could have just called you with the judge and had you confirm it over the phone.
donkey786@reddit
Because its a valid defense. If a defendant is not served, the case will be dismissed. For multiple reasons, a Judge is going not going to get on a phone to call the defendant to ask them if they had been served.
In this case, decent bet the defendant never told his lawyer about it.
Budsygus@reddit
I said they could call the person who did the serving, not the defendant.
And yes, if they hadn't been served that's a valid defense. If the defendant didn't tell his lawyer and the lawyer didn't think to ask or didn't verify through the courts, I'd say they both deserve what's coming to them.
"Did you get served?" "Nope!" "Good enough for me!" Uh no. There are systems in place the lawyer could have used to verify that before showing up to court and hinging his entire defense on that one point. That's WHY papers get served like that.
big_sugi@reddit
If Jim got served on a Friday, the only way his lawyer would know would be receiving the proof of service. There’s nothing for the lawyer to check.
jub-jub-bird@reddit
You're assuming he told the lawyer.
katarh@reddit
Yep. NEVER lie to your lawyer.
Budsygus@reddit
Fair point.
stopsallover@reddit
It can work if it's true.
Delta1225@reddit
Come on, we all know about the only way a lawyer gets disbarred is mixing funds and banging clients. It's more likely Jim lied to his lawyer about being served with a subpoena.
LABELyourPHOTOS@reddit
No. You serve in person to make sure they got it and on what day.
CaptainPunisher@reddit
If you can't serve them in person, there are other ways though. In person is best, though because the person who did the service can testify to the recipient having been served properly. Other methods are certified mail and even posting a notice in the local newspaper if a person cannot reasonably be found.
SAM5TER5@reddit
I’ve always thought the newspaper thing was so absurdly outdated lol
LifeApprehensive2818@reddit
My impression from reading other reddit stories (an incredibly authoritative viewpoint, I know...) is that process service is a balance between serious effort and best effort.
The serving party needs to make a serious effort to ensure that the party getting served knows about it, but the law acknowledges that there are limits. The law does not simply stop in its tracks because someone can't or won't be served, or else all someone would need to do to be totally immune to lawsuits is pretend to not be home when the process server comes around.
I don't know the specific details, and it probably varies by jurisdiction, but something like posting notice in the paper is almost certainly just part of proving you've made all reasonable efforts to serve the person.
CaptainPunisher@reddit
It's for when you've already tried in person service and their last known address and they can't really be found. I don't think most judges would accept it if that was the only record of service you showed. At that point it's broadcast to a large audience in hopes that someone knows someone who knows someone, and word gets to the person.
CupBeEmpty@reddit
It depends on the state and even the court.
Where I am it is service of last resort. You have to have tried other methods and get approval to do it by publication from the judge.
It is not at all common.
CaptainPunisher@reddit
Your middle paragraph restates what I said. It's not a primary method and you've demonstrated that you tried in good faith to serve the person directly.
CupBeEmpty@reddit
My only point is that it isn’t just something you can do. You must get permission to do it that way first (at least in my state).
CaptainPunisher@reddit
In CA, I believe you can do it without explicit court permission, but you should be prepared to show that you exhausted the reasonable avenues for service. The judges I know personally don't like underhanded bullshit. I do like the idea of needing explicit permission, but I also like being able to use reasonable discretion.
CupBeEmpty@reddit
I kind of suspect here if you did it and then asked the court if it was enough and could show you exhausted other options they’d probably allow it after the fact but I wouldn’t want to try.
Ask the judge do it and then realize you may never be collecting ever unless there is some property you can get a lien on.
CaptainPunisher@reddit
I'm down to play games. I didn't go into law, but a couple judges told me it would have suited me. I would not want to waste the court's time by knowingly operating outside of what the law allows, but I also know how to twist verbiage to my benefit. Still, judges don't like it if you do that too often and to the detriment of others; it's over things to help yourself, but it's different to hurt someone else.
CupBeEmpty@reddit
I just think the court at some points wants it done because they just want the case to get done. So you might as well make it by the book as much as as possible.
CaptainPunisher@reddit
Agreed. We're just using slightly different books. My mom is currently trying to avoid service, and I told my sister that she needs to explore this option. My mom thinks she's smarter than she is but she's not dumb, either. She is one of those people who has to learn the hard way. The judge knows.
anneofgraygardens@reddit
A friend of mine had a son whose biological father had never acknowledged him, ever. Zero contact from birth. Years later, she got married and her husband wanted to adopt her son. Before they could do it, they had to put a notice in the paper that his biodad had this one last opportunity to speak up before losing his paternity rights. I remember thinking this was a truly bizarre requirement....like, what is the likelihood that this schmuck is going to see this notice? He's had 13 years to be a dad and completely failed, why should he even be allowed this opportunity? So weird.
TheyMakeMeWearPants@reddit
I found some wedged in a door on the side of the house I was living in and apparently that counted.
HeyPurityItsMeAgain@reddit
No. If someone dodges a subpoena, they don't testify.
Classic_Cash_2156@reddit
Mainly drama, though you are required to ensure they get it, and serving in person is a great way to do that, so it's not that uncommon for it to happen IRL.
Wonderful_Tank784@reddit (OP)
So you can't say no to anyone right like they can't refuse to take it ?
Live-Medium8357@reddit
how many shows have you watched? ofc they can say no and refuse to take it. That's why sometimes they get like a random person to deliver a gift with it in the box or something sneaky. Once it's in their hands, they have it, but they can refuse to take it.
jub-jub-bird@reddit
Which doesn't actually mean anything legally. If you refuse to physically take the papers they'll just tell you you're served and drop them at your feet which is every bit as good as far as the court is concerned.
The court's concern is that you have the opportunity to know what's going so you can defend yourself legally. They don't give a damn if your choice when given that opportunity is willful ignorance by refusing to pick up and read the papers you've been given.
Live-Medium8357@reddit
Good info. I didn’t know that was legally good enough.
anneofgraygardens@reddit
this happened to me once. One of my coworkers was served (I have no idea what for, and this was years ago) and i was inadvertently the random person. Someone knocked on the door of our office, which I happened to be near at the moment. They asked if Joe Smith worked there and I said yes. He asked nicely if I would give him this package, and I said sure, thinking I was being helpful.
Turned out....not so much. Later, our CEO called me aside and asked to describe the interaction. He assured me I didn't do anything wrong, and I never heard it mentioned again, but I didn't like being involved in a service at all. You better believe I am not helpfully taking a package from a stranger ever again.
Sea_Analysis_8033@reddit
I was a process server for years. Sometimes people would pull a gun on me and tell me to fuck off in which case I would take that as a no and the have to come back with a sheriff if they had time.
Maxwyfe@reddit
They really can't refuse. If the server or sheriff knows that is the right person, they can hand the paperwork to them or drop it at their feet. They can also read it to the person. In some states, the server can leave the paperwork at their home with a person over the age of 15. Recently, some US Jurisdictions have recognized service by email or even Facebook but that's still rare. It's preferable to get personal service with a certified return.
big_sugi@reddit
It can be left at their home with a person over the age of 18. We had a scumbag evade a subpoena because the process server gave it to his daughter, who was only 17.
DharmaCub@reddit
A subpoena is a legally binding document. If it's handed to you in person, a witness can testify that you received it or had knowledge of it, meaning you can't deny you knew without committing perjury.
jc8495@reddit
They technically can not refuse however if there is a way for them to deny having received it that can cause issues in court. That’s why people will often hire someone to deliver a lawsuit to the person they’re suing. That person they hire will find out where they work, hang out, etc so they can be approached when they’re least expecting it and not likely to have a getaway planned. Seth Rogan played one of these hired guys in Pineapple Express!
mixreality@reddit
This is in real life https://www.youtube.com/shorts/8j5njmR0u6Y
He does refuse to take it but she handed it to him and can swear under oath that she gave it to him if he denies he got it. Actual process servers are not affiliated with either side, just an independent witness to deliver the paperwork.
katarh@reddit
No. Once a witness confirms that it was handed to you, all plausible deniability is lost.
Lower_Neck_1432@reddit
"Lost in the mail!" would be the excuse. If it was sent in mail, it's going to be by registered post.
SabresBills69@reddit
you must serve legal things in person to confirm being notified.
Suppafly@reddit
You generally still have to serve them in person. It's a pain when people try to dodge service. It took my brother like a year to serve his ex with divorce papers because she'd just go hide in the back whenever they showed up at her work and wouldn't answer the door at their house. There are other ways to serve someone, but often you have to have attempted to serve them in person a bunch of times before the court will allow you to use the alternative methods.
TheFifthTone@reddit
The people serving the lawsuits are called "process servers" and in many states there are legal requirements that the lawsuit must be delivered in person by a licensed process server.
https://en.wikipedia.org/wiki/Service_of_process
Seven22am@reddit
If anybody would like a documentary about the "service of process," how it works and the way things can go wrong, I recommend this one.
-Moose_Soup-@reddit
Electric Avenue started playing in my head before I even clicked on the link
SheketBevakaSTFU@reddit
Crying I clicked on this because I’m a lawyer who thinks that actually sounds like a good documentary
Seven22am@reddit
You can get back to us on any discrepancies between the film.... err documentary... and the actual service of process. I assume its 99% accurate.
thingsbetw1xt@reddit
I read a whole book about ice once, this isn't too bad.
SAM5TER5@reddit
In the years before I watched this movie, I’d always expected it to involve a lot of grenades being thrown lol. Just based on the name
Seven22am@reddit
Honestly, being a pothead at various times over the years has helped me to learn a lot (probably because it's medicating undiagnosed ADHD). I used to get stoned and just investigate some random fact or historical event for hours.
Wonderful_Tank784@reddit (OP)
Lol that's a movie
Morpheus_505@reddit
The Land of Licenses.....
CupBeEmpty@reddit
It’s dramatic and funny.
90% of service these days is simple. The parties know they are being sued and there isn’t any real benefit in dodging service.
Otherwise you get the sheriffs or a private company to do it. Certified mail works in some cases.
In really extreme cases you can actually publish in newspapers that you are suing someone and that is considered good enough but that is rare and sort of a method of last resort.
Help1Ted@reddit
A representative from Florida dives under his desk to hide from being served. Claimed he was following protocol because of threats.
https://www.yahoo.com/news/video-shows-florida-rep-randy-150302409.html
yyythoo@reddit
Process Servers are scumbags. Get a real job
framekill_committee@reddit
One time I got served in college over medical debt (they were suing to garnish my wages) and in my youthful naiveté, I said "ummm, no thank you," and the process server said "you'll need to sign on the envelope that you're refusing it," and as soon as I grabbed it she said whatever the official spiel was, it was definitely more polite than "you've been served!" But it was the same idea.
Of course I also didn't go to court and they got a summary judgment when I had an actual defense like an idiot. It was a procedure covered by insurance that they pre-authorized but never billed because that practice went out of business and the hospital just collected on it. Not sure if it would've actually worked because I don't know if some diligence is required on my part, but not showing up was definitely the wrong choice. 20% of my wages gone for years.
sharrrper@reddit
Why are TV shows dramatic about mundane things? Because it makes for more interesting TV.
NirvanaFan01234@reddit
Sometimes papers need to be served in person. I did it for a friend going through a divorce. It saved them some money going through a processor.
4Q69freak@reddit
I got served by a county sheriff’s deputy when I was served for my divorce.
reckless_reck@reddit
Where I’m at you can only serve via mail after you prove you’ve tried and failed in person and you get permission from the court
killingourbraincells@reddit
It can be really hard to serve people, it's not only just for lawsuits. People will evade for as long as they can to avoid accepting service.
I work in insurance defense. During discovery, we obtain a lot of records via subpoenas. Depends on the claims being made, but it's usually medical, insurance, and employment. The hardest ones to obtain can be employment records. We have to verify that the Plaintiff actually had a loss of wage due to the injury, but sometimes they'll get sketchy employers to lie for them. Ooor, perhaps the employer doesn't know what they're being served with, so they'll try to avoid service in fear it could be an actual lawsuit against them.
I have a hard enough time just getting records sometimes, I could only imagine what process servers gotta go through to serve an actual lawsuit complaint.
EatLard@reddit
“Ladies and gentlemen, as you can see, the plaintiff is clearly not suffering from the debilitating back pain he claims in this suit while he was vigorously plowing his coworker here in the wheelbarrow position the day after his injury occurred.”
killingourbraincells@reddit
Quite literally what happened lol.
He was the one bent over and getting plowed.
His counsel objected. "The Defendant's cannot force the jury and court to watch gay porn" lol. We had to NSFW that file in our management system.
Wonderful_Tank784@reddit (OP)
That seems troublesome i thought u could just mail em have a court date set up and win if they don't show up
shelwood46@reddit
No, please stop asking.
killingourbraincells@reddit
You need evidence. Service of summons and complaint need to be official. Process servers then file the return of service with the court showing they were provided with formal notice. Then the lawsuit can officially be opened.
In FL, small claims summons can be served via Certified Mail upon another FL resident.
IthurielSpear@reddit
Nope. As you’ve been told multiple times in this comment section already.
Square_Band9870@reddit
It’s the official start of a lawsuit. State law sets the requirements for service of process.
Head_Razzmatazz7174@reddit
There are people that do nothing but serve court papers and subpoenas. Sometimes they have to get pretty creative with catching up with people trying to avoid it.
Once they have been officially 'served' the courts have a paper trail of it, so the person can't claim later that they didn't know about it.
TheOnlyJimEver@reddit
No. A person could deny they received it in the mail, so they send someone in person who can confirm it and they may even try to do it in front of witnesses.
As to why TV shows make a big deal out of it, TV shows rely on a formula of escalating tension. They don't want to show a scene where something is depicted as no big deal because that lowers the stakes.
sneezhousing@reddit
No can't just mail it they can say they never got it. You need a person to serve them in person who can testify they have been served
Donald_J_Duck65@reddit
They dont make any more of a deal out of it than it is in real life.
squirrell1974@reddit
(scene: a generic office, beige walls, a receptionist desk with a bullpen in the background)
Attorney Murphy stands in front of her assistant's desk, passes her beautiful, young assistant a manilla folder. "Jessica, it's vital that these papers get out today."
(the narrator, probably Mike Rowe, or at least someone whose voice has the same type of gravity, speaks, "It's 11:47 and Megan knows the mail is picked up at 12:05 sharp. These papers must go out today, so if Jessica misses the mailman, she'll be forced to drive the summons to the post office personally.")
Jessica's striking blue eyes are wide. but she's confident she can get it done. "Yes, Megan. You can count on me."
Attorney Murphy sweeps from the office, leaving Jessica to handle serving the papers. She carefully removes the summons from the folder and slides the papers into a 9x12 envelope, seals it with care before placing it on the postal scale. She attempts to log into StampsDotCom but she mistypes her password. Sweat breaks out on her brow. She takes a deep breath, centers herself, remembers that she'd used an at sign instead of the letter a. She types what she knows is the correct password but still her hand shakes as she hits enter. Getting locked out of the account now would be disastrous.
The screen refreshes and she sees the package entry screen. Relieved to be logged in, she verifies that the weight of the package is correct before typing the address of the defendant. She clicks Print and the dedicated postal label printer spits out a giant sticker. A crinkling sound fills the air as the printer jams and panic begins to rise in Jessica's throat. She gently pulls the stuck sticker off the printer, realigns the roll of labels, and clicks to reprint. Before the new label will print, she has to confirm that she understands that reprinting a label is a serious decision and if she attempts to misuse either the first or second label she's printed, it's a federal offense punishable by a fine of up to $1000 and/or five years in jail.
She has no choice, she has to take the risk. The first label's already in the trash anyway, so she's quite sure she isn't breaking any laws. She confirms, clicks print, and watches as the new label comes from the slot in the printer. No crinkles, the address matches what's on the paperwork and the bar code at the bottom has no breaks in the printing, so she peels the backing off the label off and adheres it to the envelope.
(tense music plays)
Jessica glances at the clock on the corner of her computer screen and nerves flutter in her stomach. Four minutes to go. She leaps from her seat, sending her rolling chair careening into the filing cabinet behind her. She slips her jacket on and runs down the stairs, bursts through the front door of her office building. She can see the white mail truck two doors down, heading towards her. She drops the manilla envelope in the big blue postal box.
The tightness in her stomach releases. She made it.
(fade to black) (Narrator: Join us next week on Law in the US: Redditors With Too Much Time On Their Hands, when the Defendant opens the summons letter in the comfort of their McMansion sized home)
VinceP312@reddit
The traditional way of serving is in person delivery. This validates to the Court that a key component of Due Process has been done, which is "Notice".
A court can't schedule a hearing, in normal circumstances, without allowing for the person being served to have sufficient time to understand the complaint and prepare a defense or response for the first hearing.
(The other part of Due Process other than notice is the opportunity to respond or be heard)
Wonderful_Tank784@reddit (OP)
what about those parking ticket hearings i see some miss ?
WhatABeautifulMess@reddit
Most jurisdictions wouldn't serve subpoenas for parking tickets. The ticket would have a fine to pay or a hearing to dispute it. If you don't pay or appear your license can be suspended, or a warrant could be put out for your arrest, depending on local laws, but they wouldn't issue a subpoena forcing you to appear.
Bitter_Ad8768@reddit
A court date is scheduled when the traffic citation is issued by the officer. The date is typically listed on the bottom of the ticket which the driver signs and accepts from the officer.
TheDadThatGrills@reddit
The season opener of Hacks was great
nowhereman136@reddit
First this is a thing that happens. Maybe not as often or dramatically, but having to track someone down and serve them physically is a thing
Second, are you really asking why a TV show does something dramatically?
Wonderful_Tank784@reddit (OP)
Ya my wording of the question was wrong i probably should have asked does it happen in real life?
parsonsrazersupport@reddit
There are specific legal requirements for what counts as 'proper service.' Lack of proper service is always grounds for having a case dismissed. What counts is going to depend on the jurisdiction and the particular suit, but it's pickier than you are thinking.
Ratatoskr_The_Wise@reddit
The person receiving papers has to be witnessed, actually grabbing them with their hand. Sending them a registered letter isn’t enough. That’s why you hire a “process server.” It’s kind of like a bounty hunter by making sure that the recipient got the paperwork.
willtag70@reddit
It's a task for a person called a "process server". I've done it when my wife worked at a law firm. There needs to be confirmation that the recipient personally received the document. That can't be confirmed through except through verified human contact.
Riker_Omega_Three@reddit
Lawsuits must be served in person and the date and time verified so the person can't claim they "didn't receive the papers"
The Comedian Gary Owens, when he got divorced, was being hounded by process servers working for his wife while she was being hounded by process servers working for him
See, she filed in California and he filed in Ohio...they had homes in both states.
If he was served, the divorce would have been way worse for him because it California is a no fault state meaning quick divorce-50/50 division of assets. Ohio divorce laws are different
If the divorce happened in California, she'd get more money
If the divorce happened in Ohio, she'd get less money
So she had a vested interest of getting him served and he had a vested interest in getting her served
In the end, His process server apparently waited til she was in a Panera Drive through and couldn't get away and popped up at the drive through window and gave her the papers
Which is hilarious
But the story highlights why it's necessary to serve lawsuits
The legal system is complicated and where the lawsuit happens is just as important as making sure the right person gets the lawsuit handed to them
Comfortable-Bike9080@reddit
nah nah, you need to be sure that they recieved it
Cirias@reddit
You have to make sure the person serving the lawsuit is disguised as a regular member of the public first, get a coffee and hang around enjoying a full lunch before blowing their cover and shouting "You just got served!"
SheketBevakaSTFU@reddit
Ask r/ask_lawyers and verified lawyers will explain it to you.
Special-Reindeer-178@reddit
Defendent throws out the mail. Claims they never got a letter. No way to prove the defendant got the letter.
Even sending it through UPS or FedEx as signature required, doesnt hold up in court. Signature is tied to the address, not the package recipient. Anyone in the home when its delivered can sign for it, even if its not the actual defendant.
Defendant Joe says "i got no letter" Judge says "yes, see it was delivered and signed" Defendants lawyer: "that was signed by someone named Bob, not Joe"
So in person is the best way to ensure and prove the right person received it
theegodmother1999@reddit
you have to serve them in person. no matter what. my dad used to be a server and he would bring flowers with him and do a whole bit whenever he was serving someone papers hahahahahaha
browneyedredhead1968@reddit
Depends on the type of lawsuit. Most you can send via mail that they sign for, but they can refuse that. Some, like eviction notices in some areas, must be posted on the residence. Some other lawsuits require that they are hand served. It all depends on your state and local laws and regulations.
Durham1988@reddit
It kind of is a big deal.
jessek@reddit
Some lawsuits have to be served in person by a process server. Most of the time the process server shows up at someone’s home or place of business and they hand the papers to them no problem. Some people try to avoid it.
For tv and movies the latter is dramatic/funny, which is why it’s a big deal in those. In real life most people just accept being served papers
uhbkodazbg@reddit
I’m subpoenaed more than I’d like as part of my job (as a witness). Usually the process server coordinates it with my work schedule to make getting the subpoena easier for both of us. It’s not particularly dramatic but I’m also not trying to duck it.
atomicitalian@reddit
I worked as a process server for a summer.
9/10 times the person you're serving just takes the parcel and says "thank you" and that's the end of the interaction
Wonderful_Tank784@reddit (OP)
what was some of the wildest ways someone tried to avoid getting served ?
atomicitalian@reddit
There weren't any really. The 1/10 represents the few people who were expecting to be served and were actively dodging. But they did so by pretending they weren't home or refusing to identify themselves.
The vast majority of the time I just walked up to people's homes, knocked, and served them at home.
I always backed into their driveways and left my car door open though just in case they got pissed. Most of my serves were in rural Appalachia/Rust Belt areas so I was very aware that folks had guns.
No problems though, everyone was normal.
shakeyshake1@reddit
You may be wondering why these answers are all over the place.
Even though people are speaking generally, it specifically depends on the court and the state. States can all have different rules for how lawsuits have to be served. Federal law is different, but even different federal courts can have different rules.
In the court I practice in, I can serve lawsuits by first class mail.
FavoriteFoodCarrots@reddit
It serves the drama. The one thing I see too often in fiction is a party to the lawsuit purporting to serve the other side with papers directly. In most jurisdictions, that does not suffice: personal service must normally be effected by a third party. That’s a large part of why process servers exist.
But the reality is that in most civil suits the person or company knows a lawsuit is coming and you serve them via their lawyer. If you know they have a lawyer and serve them personally, you’re deliberately being a dick and will be viewed as such.
Tha
tlollz52@reddit
I got a court summons and it was served by a police officer. They mail it to me i can claim it was lost or stolen, which does happen.
If they serve it to me directly there is no question as to whether I received it or not. I can deny but the person delivering is typically swearing that they delivered it.
Outlaw_Josie_Snails@reddit
Things are often exaggeratlisting.
However, people do hide and evade, especially if they are trying to "run out the clock" (The Statute of Limitations).
In the U.S. legal system, the Due Process Clause of the Constitution requires that a person must have "notice and an opportunity to be heard."
Handing a physical document to a human being (Personal Service) is the standard of proof. It leaves no room for the defendant to say, "I never saw that," or "My neighbor stole my mail."
Even with "Certified Mail, Return Receipt Requested," someone has to sign for it. If a defendant sees a certified letter from a law firm, they can simply refuse to sign, and the service fails.
People often have old address listings.
ThatGirl_Tasha@reddit
A lot of these answers are from people who have never been involved in a lawsuit.
You can not mail papers unless the person is willing to accept the suit.
Getting someone served can be a huge , expensive pain. Sometimes you have to have a process server stake them out. They do not come cheap.
In most places after you file a suit, you have a limited number of days ( think 60- 120) to serve them or the case is dismissed.
OneNerdyLesbian@reddit
TV shows do it because it's dramatic and makes the show more interesting.
I don't have personal experience serving lawsuits, but I'm assuming it's not usually that dramatic in real life.
manicpixidreamgirl04@reddit
If it's sent in the mail, the person could throw it away, either accidentally or no purpose, and they could claim it got lost and they never received it.
44035@reddit
It's an easy way for TV shows to create a dramatic moment.
lyralady@reddit
Some kinds of lawsuits are required to be served directly in person, and yes, it can happen in big, public, embarrassing ways
baronessvonbullshit@reddit
Service of process often is completed by personal service, especially when a new lawsuit is filed. That's what the rules of civil procedure require (with some exceptions).
DharmaCub@reddit
Because that's actually how it works in real life.
andmewithoutmytowel@reddit
I have a friend who was a process server for a while, it can be a dangerous job in some places. Some documents need to be delivered in person, otherwise they can claim they never received them.
Arleare13@reddit
In the context of a TV show that’s not nearly as dramatic.
LABELyourPHOTOS@reddit
I don't know. It's often pretty dramatic.
Arleare13@reddit
The vast, vast majority of the time serving a lawsuit is not nearly that dramatic.
BigDaddyReptar@reddit
You can send them in the mail they toss in it in the trash and say they never got a notice. You hand it to them directly in person hopefully with some form of witness either person or digital and they can't make that claim when they miss the court date.
Ol_Man_J@reddit
Often it is mailed, with a certified letter that requires signature confirmation. You get a copy of the signature back from the post office, so it's a way to say "they received it", and it way cheaper to do that than hire a person to do it. That said, if they are dodging you, or have a PO box, or multiple residences, and you're not sure where to send it to, you can hire someone to serve the papers directly.
Salarian_American@reddit
They can mail them to you, and they do, but sometimes mail goes missing. And sometimes mail doesn't go missing, but the person being served can claim they never got that piece of mail and you can't prove them wrong.
Mail is the first resort. If that doesn't get a response, then you may need to serve them in person. You can't deny you were notified of the lawsuit when someone confirmed your identity and then placed it in your hand.
TheBimpo@reddit
Service of process.
lawyerjsd@reddit
Service has to be done in person for many civil suits.
Raddatatta@reddit
It's a more dramatic reveal. It does sometimes happen but TV shows like to take the most dramatic version and opening a letter is far less dramatic than oh shit the pizza guy was actually giving you a lawsuit.
Inside-Run785@reddit
“Hi neighbor! I just happened to pick up your mail! Btw, you’re served.”
machagogo@reddit
Real life is boring...
Few-Durian-190@reddit
drama
notthegoatseguy@reddit
You need to ensure that the suit has been communicated to the other party.
the_real_JFK_killer@reddit
Dramatic effect
Folksma@reddit
Do you want boring tv?