So somebody is trying to serve me....

Clark1961

Clark1961

Touchdown! Greaser!
Joined
Jun 7, 2008
Messages
17,737
Display Name
Display name:
Display name:
...in a civil matter. I think I know what it is but can't be 100% certain. My testimony is probably desired in a matter between two other persons. One of the other persons is not natural and is the cash cow target of the other person.

They left a note on my door claiming they would tell the court I am avoiding service and that the court won't be happy with that. Imagine my despair at the thought that the court might not be happy. Anyone need a guest for about a month? I suddenly feel the need for a change of climate. It'll help my health dontchaknow...
 
I don't know about happiness, but if they really want you served and you're dodging, they will likely get the court to allow substitute service. Some courts have gone so far as to allow service by email or Facebook. Substitute service is supposed to be by a method that will give you effective notice, which might just wind up being mail. Some people dodge service, some people we just hard to serve.
 
Lindberg said:
I don't know about happiness, but if they really want you served and you're dodging, they will likely get the court to allow substitute service. Some courts have gone so far as to allow service by email or Facebook. Substitute service is supposed to be by a method that will give you effective notice, which might just wind up being mail. Some people dodge service, some people we just hard to serve.
Click to expand...
Yes substitute service is likely but if I'm out of state then a contempt charge would be baseless. I'm under no obligation to receive mail while away from my primary residence.
 
Use TOR, DDNS and some other good stuff that I will not post here publicly and u r good

Sent from my SM-G935V using Tapatalk
 
I just got served.



It's a Catawba Brewing Hopness Monster IPA. It's pretty good. Glad I didn't avoid service. :)
 
Clark1961 said:
...in a civil matter. I think I know what it is but can't be 100% certain. My testimony is probably desired in a matter between two other persons. One of the other persons is not natural and is the cash cow target of the other person.

They left a note on my door claiming they would tell the court I am avoiding service and that the court won't be happy with that. Imagine my despair at the thought that the court might not be happy. Anyone need a guest for about a month? I suddenly feel the need for a change of climate. It'll help my health dontchaknow...
Click to expand...

First of all, the way I am reading this, you are neither a plaintiff, or more importantly a defendant, in whatever matter. My first inclination is to just show up and deal with it as you have no horse to lose in this race.

But, I, and I suspect you, don't like to be bullied either. I don't have a good suggestion here. Other than whomever is threatening you stands to lose legal ground for doing so.
 
Even funnier is that a bench warrant for contempt would likely never be served. I don't have contact with LE so it would just expire in a year.
 
Sac Arrow said:
First of all, the way I am reading this, you are neither a plaintiff, or more importantly a defendant, in whatever matter. My first inclination is to just show up and deal with it as you have no horse to lose in this race.

But, I, and I suspect you, don't like to be bullied either. I don't have a good suggestion here. Other than whomever is threatening you stands to lose legal ground for doing so.
Click to expand...
yup, I don't suffer bullies easily. I also don't like to get in the middle of a fight which has only downsides for me either in lost time or lost working relationships.
 
Clark1961 said:
Yes substitute service is likely but if I'm out of state then a contempt charge would be baseless. I'm under no obligation to receive mail while away from my primary residence.
Click to expand...
I'm not sure how you could be held in contempt, especially if you're not deliberately evading service and are not subject to any court orders.
 
Let'sgoflying! said:
Tell them you will testify in their favor... then don't!
Click to expand...
If it is the matter that I think it is then I gave them hints on what type of expert they should engage. Ignoring that advise and trying to insist on deposing me is getting them no browny points.
 
Lindberg said:
I'm not sure how you could be held in contempt, especially if you're not deliberately evading service and are not subject to any court orders.
Click to expand...
If the court authorizes substitute service and I do not show up then there may be an attempt to claim that I was in contempt.
 
Clark1961 said:
yup, I don't suffer bullies easily. I also don't like to get in the middle of a fight which has only downsides for me either in lost time or lost working relationships.
Click to expand...

Well, 'served' is a technical term and generally, unless it has been performed to the letter of the law, won't stand a challenge. Particularly if you are not a party to the grievance. Regardless of what you elect to do, I doubt you will have any material consequences to suffer.
 
Sac Arrow said:
Well, 'served' is a technical term and generally, unless it has been performed to the letter of the law, won't stand a challenge. Particularly if you are not a party to the grievance. Regardless of what you elect to do, I doubt you will have any material consequences to suffer.
Click to expand...
If this is the matter that I think it is then the defendant is a large vendor in the industry. I really don't want to be on their go-to-he'll list. The plaintiff can work the problem with experts from outside my industry quite well since the focus is a piece of electrical equipment. I'm definitely not in the electric power business and had to self educate a lot to deal with the whole matter in the first place.
 
Clark1961 said:
If this is the matter that I think it is then the defendant is a large vendor in the industry. I really don't want to be on their go-to-he'll list. The plaintiff can work the problem with experts from outside my industry quite well since the focus is a piece of electrical equipment. I'm definitely not in the electric power business and had to self educate a lot to deal with the whole matter in the first place.
Click to expand...

Then, when the court asks what your "foundation" is, you tell them you're not trained. It's true, right? If what you say is true, that will get you objected right off the stand.

You can't be an expert witness if you have no expertise. Beyond that, be rigorously truthful. If that gets you on the vendor's **** list, do you really want to work with them? Dishonest vendors suck. So do vendors that insist on you taking a dive for them.

While you might be required to serve on a jury for free (or nearly so), you're under no obligation to testify for free. Charge the plaintiff reasonable expenses.

Contact a lawyer before trying to dodge the court. Your assumptions that you can't be held in contempt for that are dodgy at best.
 
MAKG1 said:
Then, when the court asks what your "foundation" is, you tell them you're not trained. It's true, right? If what you say is true, that will get you objected right off the stand.

You can't be an expert witness if you have no expertise. Beyond that, be rigorously truthful. If that gets you on the vendor's **** list, do you really want to work with them? Dishonest vendors suck. So do vendors that insist on you taking a dive for them.

While you might be required to serve on a jury for free (or nearly so), you're under no obligation to testify for free. Charge the plaintiff reasonable expenses.

Contact a lawyer before trying to dodge the court. Your assumptions that you can't be held in contempt for that are dodgy at best.
Click to expand...
You are making many invalid assumptions about the vendor. They have a defense based on national electric code. My choice to not oppose them is well reasoned on several levels.

Your comments on contempt are equally invalid. Mail service is not required when I am away from my primary residence.
 
Clark1961 said:
Yes substitute service is likely but if I'm out of state then a contempt charge would be baseless. I'm under no obligation to receive mail while away from my primary residence.
Click to expand...
I'm no lawyer, but first class mail won't hold up against you, either; The Post Office is the sender's agent, as I recall from business law - next to impossible to prove you received it.
 
You must log in or register to reply here.
Back
Top