Can just any one serve you with court papers.

J

Jimmyjoe74

Guest
My condo association-

Ok so those people who walk up to you, you ask them, “can I help you? “
“You just did. - You been served- I for get the correct title that they go by. But do they need to be like certified, registered, be able to verify they are qualified to serve legal documents. ?

im currently in that situation, One day, Some one will be serving me.

The maintenance guy at my development. He’s a private company, Separate from the association. I’m sure they have a work contract.

but he seriously tried to serve me but with out actually saying so. He says to me he don’t know what it is , but i was asked to get this to you. He Leaves it on my door, Then two different times asks me if I got it? Did u see it on the door?

Is that legal? Is the association manager doing something Illegal, and just not telling the maintenance guy what he’s actually have him do?
 

Jzone

LoanSafe Member
Jun 20, 2017
175
24
18
69
My condo association-

Ok so those people who walk up to you, you ask them, “can I help you? “
“You just did. - You been served- I for get the correct title that they go by. But do they need to be like certified, registered, be able to verify they are qualified to serve legal documents. ?

im currently in that situation, One day, Some one will be serving me.

The maintenance guy at my development. He’s a private company, Separate from the association. I’m sure they have a work contract.

but he seriously tried to serve me but with out actually saying so. He says to me he don’t know what it is , but i was asked to get this to you. He Leaves it on my door, Then two different times asks me if I got it? Did u see it on the door?

Is that legal? Is the association manager doing something Illegal, and just not telling the maintenance guy what he’s actually have him do?
It will depend on what you are being served with. Small claims court? An eviction? Court action? Civil violation? etc....

Most states allow the county sheriff to be a process server. But many states simply allow anyone over 18 to serve papers.

Find out what your state allows. Some states allow "reasonable effort" to qualify as being served. That means after a few attempts, they can legally leave it at your doorstep.
 
J

jimmyjoe74

Guest
Jzone Thank you. With out the play by play. I fell into pre foreclosure, associations fees fines blah blah got behind. Basically now I know what to ask and be an adult That’s my fault. Annnnyyy way. They had real people showing up random times. Even walked the dog and caught one leaving. One pulling up. That stopped. Now 5 months later. Same situation. I’m sure soon it will be back to the same people trying to find the times I’m home. Pound and ring for ever.

The law firm who is mailing me stuff. I don’t Singhn the mail slips that say I got it. Or sign the slips that are left for the mail man to leave the important mail. So I recently got the mail slip. Then had the law firms mail in my box. Then a blank envelope with my name and address on it. Duck taped on my door. I knew what it all was and how aggressive there being. But the envelope was from the office up front.
Do I take it off. Leave it. Does that serve me. No it don’t. Cause who gonna prove i took it.

so nextday. The maintenance guy and that story happend.

so I had people who left cards and notes on them. Numbers to call. So I knew there job was to serve me.

beside the manager who never calls. Emails me. Comes to my door. Sees me out cleaning my car and ever stops to Address the issue or concern.

I can’t go to a doctors office and ask for my own mothers test results unless I’m her Beneficiary

so can a manger give legal documents to some one else to pass it on. Just to be-able to say. “Bob” the repair guy this company uses He told me he handed It over to Jim So
Jim knows to appear or to call because my maintenance guy said so
 

Jzone

LoanSafe Member
Jun 20, 2017
175
24
18
69
"so can a manger give legal documents to some one else to pass it on. Just to be-able to say. “Bob” the repair guy this company uses He told me he handed It over to Jim. So Jim knows to appear or to call because my maintenance guy said so"

In some state, this would be considered "reasonable effort" to serve you.

Are you being served by your home owners association? I would not worry about that at all. They can put a lien on your property for lack of payment, but thats about it.

Now if you are being served with a foreclosure notice from your bank or county court, that is a different story. You will need to respond to any papers served about a foreclosure or it could result in a default judgement against you.
 

just_me

LoanSafe Member
Sep 14, 2015
528
42
28
Wierd. Take the envelope off your door and replace it with a "no solicitations" envelope. Either someone is trying to ID you clearly or using an envelope to notate activity by when it dissappears. That's my best guess. You also might want to check the courthouse (or online search of your property) for any legal filings or notices (lis pendens) potentially related to this.
 

just_me

LoanSafe Member
Sep 14, 2015
528
42
28
More thoughts. This is an attempt to collect a debt. The HOA wants it's money for the late fees etc. You can a) dispute/defend this in court, b) talk to them, negotiate or make arrangements to pay/catch up over so many months, or c) do nothing and have them place a lien and subsequently foreclose over what usually amounts to less than a thousand dollars. If they don't have the ability to foreclose to collect, then they will certainly pursue a judgement against you. Some debt collectors through attorneys, very easily obtain default judgements when you don't answer or acknowledge their letters and legal notices. They can lie about serving you and subsequently will affirm you have been served via drop off. In this event you must bring it to the judge's attention that the service was "not perfected" in order to get out of jail for not showing up in court when you were subpoenaed to do so. (bench warrant - sherrif finds you and arrests you) Usually, this is done by contentious debt collectors. Is your HOA contentious? Something to consider.