Someone recently raised an interesting real client scenario about the validity of a particular Service of Process... Read the Scenario and ARMENHYL’s Reality Test! Then, let us know what you think?
True Life Client / Service of Process Question / Scenario Posted Somewhere Online:
“I’m asking this question as a paralegal, not as a process server. I have my opinion, but I want to see what yours is. I asked a new client how he got served with the petition for divorce. Client said he pulled into his driveway, realized what was happening & immediately backed up & left the residence. He didn’t get out of his car, roll down his window or converse with the server in any way. In fact, he didn’t even get close to the process server. As he was backing up, the server threw the papers at his car & they landed on the ground in front of his car. Client came back a few hours later & the papers were still on the ground. Defective serve or not? As both a paralegal & a process server, I say it’s defective.”
So... at ARMENHYL we make it a habit to do what some may call “reality testing.”
Here is our “reality test” for the true client scenario described above!
Setting:
Any Court Room USA
Characters:
Plaintiff’s Attorney
Judge
Clerk
Opposing Attorney
So... let’s imagine how this would play out if the attorney attempted to contest it in court...
Narrative:
Attorney for the plaintiff: Your Honor we have Personal Service on the Defendant. Here is the Affidavit from the Process Server.
Opposing Attorney: You Honor, it was not a Valid Service!
Judge: Why not Opposing Attorney?
Opposing Attorney: My client arrived home... realized he was about to be Served and immediately backed out of his driveway and proceeded to leave the premises. The Process Server threw the Service Documents at my client’s car as he was leaving. My client never interacted with the Process Server. When my client later returned to his residence when he thought the Process Server was gone from his property the envelope that had been thrown at his car was still lying on the ground.
Judge: So Opposing Attorney... let me get this straight. Your client arrived his usual place of residence and became aware that someone was there to serve him.
Opposing Attorney: Yes Your Honor!
Judge: Your client then fled his own residence to avoid being served?
Opposing Attorney: Yes Your Honor.
Judge: Your client saw the person, who he believed to be a Process Server, throw an envelope which your client suspected contained documents duly filed with this court at his vehicle?
Opposing Attorney: Yes... Your Honor.
Judge: When your client returned to his residence some time after his evasive actions, he believed the location was clear of anyone trying to serve him and he entered his residence and settled in for the evening?
Opposing Attorney: Yes Your Honor.
Judge: When your client returned, he saw the same envelope which someone he believed to be a Process Server had thrown at him earlier while he was in his vehicle laying on the ground?
Opposing Attorney: Yes Your Honor.
Judge: Your client subsequently disregarded the presence of the envelope he suspected may contain lawfully filed documents concerning the case before this court today and left them on the ground, ignoring them completely?
Opposing Attorney: Yes Your Honor.
Judge: Ok. I’m going to take a short recess and we will resume in 15 minutes!
[ Judge and Clerk retire you chambers and laugh uncontrollably for 14 minutes! 😂🤣😃😂🤣😂 They resume the hearing!
Judge: After hearing from both of you regarding the Service of Process... Opposing Counsel... By your own relating of the circumstances surrounding the question of whether the Service was executed successfully you have essentially demonstrated that it is reasonable to conclude that your client was aware of: 1) what was occurring during the execution of the Service: 2) what was contained in the envelope which was thrown at his vehicle; 3) and that he intentionally took actions to attempt to prevent said execution.
I find the Service of Process to be Valid! The hearing will proceed as scheduled.
So... Opposing Attorney... is your client here and/or are you ready to proceed on this matter before the court today?
Opposing Attorney: No Your Honor.
Plaintiff Attorney: Your Honor... at this time I’d like to request a judgement in favor of my client.
Judge: So Ordered. Thank you! Please wait off to the side and the Clerk will prepare the order. Bailiff... please call the next case on the docket!!! 🤣😂😃😂🤣😃
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