Just a general question, I’m not planning on lying to anyone. This is happening in Alberta.
My husband’s (soon to be ex-) BFF was staying with us as a room mate for a short time recently. He’s a general fuck up and constantly gets himself in trouble. He’s disrespectful, even to his friends (hence the soon to be ex-BFF status) and is great at burning bridges. One of *those *guys.
On Saturday there was a knock on our door and there was a guy there looking for soon to be ex-BFF (STBEBFF). STBEBFF is not in town at the moment and I said as much but said I would take delivery of something if needed. The guy said no, he needed to give it to STBEBFF in person and gave me a slip with a number to call. Once he left, I looked at the slip and the company name has ‘Process Servers’ in it. So, yeah, he’s being served.
I took a bit of glee in texting STBEBFF that a process server had come by and did he want the phone number and case number to call them? No, of course not. He asked us to lie, tell them he moved across the country, tell them we didn’t know his phone number, etc. Of course I’m not going to lie to the process server when he eventually comes back, but if I did, what kind of trouble would I get in?
As well, the note the guy left said that if they couldn’t reach STBEBFF in person, they’d obtain a court order to leave the package at the door (sans-signature) and he’d be accountable for the costs, and I assume the case would go forward as if he had been served in person. His last known address is our house, apparently (he does/did get mail sent to our house for a while), so if they do leave what I assume are court papers, and STBEBFF ignores them (which he will), could *we *get in any trouble because the papers were left at our home?
It doesn’t sound to me as if you need to directly lie to the process server in any case. You could just say something like, “Sorry, he no longer lives here and I’m not sure where he is right now.” Assuming, of course, that you are unaware of his exact location at the moment. Though I’m no lawyer, I can’t imagine that you would be in any way responsible if a summons (or whatever) is served to your home, unsigned, for someone who does not live there. I think if that happened, I’d simply call the court and tell them the same thing - he no longer lives here, will not be coming by to retrieve the documents, and you don’t know how they can get it to him.
Ask a local lawyer. In California they can leave the papers with you and claim they honestly thought you were the person, include a description, and most judges will buy it, so it can cause a default.
You registered today and all your posts are in this thread. I would have reported you, too. That way, the people whose job it is to make the decision would know that their services were requested.
EmAnJ - I agree, laws probably vary, plus you’re Canadian, so who knows what your wig-wearers get up to. I wouldn’t do it myself. Even if he’s in the right, running from the law always looks bad.
That kind of order is known as an Order for Substitutional Service, and is not uncommon. You will not get in any trouble if the papers are left at your place–they are not left for you; they are left for STBEBFF, at his address of record, and who will be presumed to get them when he is next there. Of course, the next time he is at your place, he can say “I’m not touching those things,” but after service per an Order for Substitutional Service, it no longer matters. The clock is running and he has limited time in which to respond somehow. The matter will not go away if he evades or refuses service, by whatever means.
Now, if he does not plan on returning to your place, ever; you might tell that to the process server. Many of them are also skiptracers, excellent at finding people who don’t want to be found. And it is possible, in certain circumstances, to “serve” paperwork via some unusual means–look in your local newspaper under “Legal Notices,” and you’ll see all kinds of requests for people who cannot be located to get in touch with process servers and lawyers. This kind of “service” is a last resort though, and courts are reluctant to grant orders for service in this way unless every other possible method for service has failed.
But no, you won’t get in any trouble if the papers are left at your place under an Order for Substitutional Service. Just pass them along to STBEBFF when he does show up, and let him decide how to approach the matter.
It’s different in Alberta. The process server must swear an Affidavit of Service, which is filed at the Court under the same court file number as the original claim. This Affidavit details the service effected, including how the server ascertained the identity of the person being served (e.g. checking photo ID).
Am I required to hold onto the papers forever, or can I wait a reasonable stretch of time before disposing of them? Specifically, I’m thinking of the amount of time between receipt of the document and my next recycling day.
Not sure of your location, but in the OP’s location (Alberta, and indeed, all provinces of Canada), the person being served has a certain number of days after service in which to respond before being found in default. I don’t know the details of what’s going on with this claim against STBEBFF–whether this is, say, an Ontario matter, where the deadline would be slightly longer than normal when service is effected in Alberta; or whether it is an all-Alberta matter, in which he would have 20 days to respond–but holding onto them beyond the next few recycling days would seem to be prudent.
Coincidentally, a process server came by again this evening. I told him STBEBFF had left the previous week to go skiing and told him where. When sked if I thought he was coming back, I said he had mail at our house so I would assume so at some point. He asked me for his phone number but unfortunately I don’t have it. He left another notice slip and left.
Hubby heard from him on the weekend, but he hasn’t called for a few days. Wonder if he really will skip town. I really would like to know what it’s about too!
A related question, are there any obligations to help a process server? Could I just say there is no one by that name or would I have to give forwarding info. Not an immediate issue but once we were anticipating that my son would be served and he had moved out of state.
That’s pretty much the same way it is done in California, except an affidavit is called a declaration. When a defendant does not cooperate there are questions. There is also service by publication.
If the defendant does not cooperate here, there aren’t really any questions–the process server would simply swear an Affidavit of Attempted Service (detailing just how the service did not occur), which would be used to get an Order for Substitutional Service.
I would imagine that California has some similar setup as regards getting an substitutional service order; though, as you point out, terminology may differ.
