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Whether he wanted them delivered or not, the legal system should require proof on behalf of the server that the person being served was served correctly. Basic

Whether he wanted them delivered or not, the legal system should require proof on behalf of the server that the person being served was served correctly. Basic first class mail should never suffice.

rdtsc 10y ago
It should but it doesn't obviously. Perhaps a video recording of delivery and asking for a signature should be required. Obviously some defendants could just start running away and refuse to sign, thus delaying the lawsuit forever. But also throwing the packet of paper in a mail with a stamp or dropping it on the front porch while yelling "you've been served" is also not quite cutting it. Something in the middle is needed.
- jjnoakes 10y ago
  > It should but it doesn't obviously. I think you've lost track of the conversation in this thread.
  - rdtsc 10y ago
    How so?
- cortesoft 10y ago
  You do realize that rules around this already exist, right? For example, in california: https://www.serve-now.com/resources/process-serving-laws/california https://www.serve-now.com/resources/process-serving-laws/cal...
  - dthrowit 10y ago
    and here in california, my anecdote entails me learning via first class mail that there's about to be a judgement entered against me because I failed to respond to papers I never received, because the plaintiff had apparently served them to an old address of mine (probably intentionally by this shady lawyer filing the small claims suit against me).
    - cortesoft 10y ago
      Oh, I know. I made another comment in this thread about all the ways you could miss being served, even if the server follows all the laws.
    - wl 10y ago
      Parties cannot be represented by attorneys in small claims court in California[1]. Unless the person suing you was the "shady lawyer" you're talking about, your anecdote doesn't make any sense. [1] California Code of Civil Procedure §116.530 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&gr...
      - dthrowit 10y ago
        Yes, the person suing me in small claims court was the shady lawyer himself.
  - rdtsc 10y ago
    > You do realize that rules around this already exist, right? For example, in california: https://www.serve-now.com/resources/process-serving-laws/cal.. https://www.serve-now.com/resources/process-serving-laws/cal.... Except the article talks about Indiana. It helps to read the article. You, did read the article, ... right?

Whether he wanted them delivered or not, the legal system should require proof on behalf of the server that the person being served was served correctly. Basic first class mail should never suffice.

rdtsc 10y ago

It should but it doesn't obviously. Perhaps a video recording of delivery and asking for a signature should be required. Obviously some defendants could just start running away and refuse to sign, thus delaying the lawsuit forever. But also throwing the packet of paper in a mail with a stamp or dropping it on the front porch while yelling "you've been served" is also not quite cutting it. Something in the middle is needed.

jjnoakes 10y ago
> It should but it doesn't obviously. I think you've lost track of the conversation in this thread.
- rdtsc 10y ago
  How so?
cortesoft 10y ago
You do realize that rules around this already exist, right? For example, in california: https://www.serve-now.com/resources/process-serving-laws/california https://www.serve-now.com/resources/process-serving-laws/cal...
- dthrowit 10y ago
  and here in california, my anecdote entails me learning via first class mail that there's about to be a judgement entered against me because I failed to respond to papers I never received, because the plaintiff had apparently served them to an old address of mine (probably intentionally by this shady lawyer filing the small claims suit against me).
  - cortesoft 10y ago
    Oh, I know. I made another comment in this thread about all the ways you could miss being served, even if the server follows all the laws.
  - wl 10y ago
    Parties cannot be represented by attorneys in small claims court in California[1]. Unless the person suing you was the "shady lawyer" you're talking about, your anecdote doesn't make any sense. [1] California Code of Civil Procedure §116.530 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=116.510-116.570 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&gr...
    - dthrowit 10y ago
      Yes, the person suing me in small claims court was the shady lawyer himself.
- rdtsc 10y ago
  > You do realize that rules around this already exist, right? For example, in california: https://www.serve-now.com/resources/process-serving-laws/cal.. https://www.serve-now.com/resources/process-serving-laws/cal.... Except the article talks about Indiana. It helps to read the article. You, did read the article, ... right?