Husband just got served

[jenlynn0808]

I don't open the door for strangers either & I send the kids somewhere else, for their own safety.

We used to live in the "big city" so DD is trained to grab a phone and go to a room with a lock on it (& to lock it) if a stranger is ever in the house. Now she is trained to grab DS as she goes.

Now that we live in a rural area, although we are in a sub...we are the only occupied house on our street, so there are no neighbors close by in case of an emergency. So we practice the same safety guidelines here.

When someone is banging on the door, the kids head upstairs and I let the dogs bark up a storm.

Sorry, but I have seen one to many newstories about break ins when there are people home not to try and protect my kids.

 

[taylor1293]

She didn't avoid him. She called her husband, had the neighbor come over for safety, and then signed for the papers. The papers have been served. Nothing was avoided or refused. Besides, she isn't the one who was being served, she didn't even have to open the door or sign for anything she could have avoided him all she wanted. It's a legal matter that has to do with her husband, not with her.

Anyway, OP, I'm with you. I NEVER open the door to a strange man..EVER. I would have called my husband too! My children are instructed to remain quiet when someone knocks on the door and my big dogs are encouraged to bark loudly. I live in a so called "safe neighborhood" but I just found out my next door neighbors house was robbed on New Years Eve. There are crazies everywhere.

It seems that the OP knew that her hubby was going to be served. By the OP's own statements about sending the kids to another part of the house, the argument can be made that she was trying to refuse service.

In some areas, the Process Server could have nailed the paperwork to the door and be done with it. Handing it to a spouse is acceptable in different jurisdictions.

 

[tevagirl]

It seems that the OP knew that her hubby was going to be served. By the OP's own statements about sending the kids to another part of the house, the argument can be made that she was trying to refuse service.

In some areas, the Process Server could have nailed the paperwork to the door and be done with it. Handing it to a spouse is acceptable in different jurisdictions.

They could argue until they're blue in the face, I still wouldn't open my door to a stranger banging on my door, living in a rural community, and being alone with my children.

 

[flying_babyb]

I will answer the door when alone, but NOT unless ive got on my police sweatshirt and my gun (Its a old old gun, dosent even work, but its scary looking)

 

[THE HAT]

Just piping in that I NEVER open the door when home alone or home with just ds. I live in a very safe quiet neighborhood, but things happen everywhere. I have both front and back doors locked always when home. (even locked when dh is home, just habit)
Our dog barks sometimes and others times he won't, besides he is just a big oaf of a lab and would either hide behind me or lick the stranger to death.

 

[MAH4546]

Hmm.. Wow.. Is this a new law? Because, when my DH was served papers, he witnessed an accident, they couldn't serve me.. They had to find DH and serve him, cause I was not involved..

No, it's not a new law.

The residence is served, not an individual. Pretty much anybody of competent age that lives at the residence - even a live-in maid - can accept the documents. Though many would prefer to serve the actual person just to make sure everything is clear, since later an individual will try to make arguments as to why service was not proper (i.e. "my maid can't speak English" or "my son is not competent.")

 

[whjoyjr]

She didn't avoid him. She called her husband, had the neighbor come over for safety, and then signed for the papers. The papers have been served. Nothing was avoided or refused. Besides, she isn't the one who was being served, she didn't even have to open the door or sign for anything she could have avoided him all she wanted. It's a legal matter that has to do with her husband, not with her.

Anyway, OP, I'm with you. I NEVER open the door to a strange man..EVER. I would have called my husband too! My children are instructed to remain quiet when someone knocks on the door and my big dogs are encouraged to bark loudly. I live in a so called "safe neighborhood" but I just found out my next door neighbors house was robbed on New Years Eve. There are crazies everywhere.

At the start of the trial, the defending attorney will try to challenge the validity of the case, first by determining if the defendants were legally served. If this is in dispute, the process server is called to testify.

"Your honor, I knocked on the door and the lady refused to answer the door. Her kids appeared to hide. I saw her on the phone, ignoring me. Only after an armed neighbor showed up in an intimidating manner, did she open the door."

Now, how will that set in the mind of the judge?

Anyway, I am done. Service is complete, and the OP's husband has to worry about being a defendant in what I can assume is a civil suit. Since he was served outside of his employment, I think that the OP's hubby is being suid personally as well as being an employee. If I were in this position, I would also engage personal counsel and not rely on my employer's attorney to look out after my interests.

Done.