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Subpoenas

justmakingthebest's picture

Submitted by justmakingthebest on Fri, 07/07/2023 - 9:58am

Obviously after yesterday's events I am all up in my head. 

Have any of you experienced BM dodging subpoenas? Did they get away with it?

What about someone denying service? Is this really a thing that is allowed? 

I do HR and bookkeeping for a living. I have been summoned to court in the past for an employee. The cop showed up with the subpoena, handed it to me. Recorded it in his paperwork and left. I didn't "accept" it. It was ordered to be given to me. I just don't understand. 

Comments

NotYourAverageStepMama's picture

Submitted by NotYourAverageS... on Fri, 07/07/2023 - 1:26pm

But what about you or DH getting on a plane and serving these people yourselves? No one would be as adamant about it as you or DH

justmakingthebest's picture

Submitted by justmakingthebest on Fri, 07/07/2023 - 1:38pm

Apparently we can't. You have to be a licensed process server to in KS and OK where we are doing this. I just don't understand any of it. 

thinkthrice's picture

Submitted by thinkthrice on Fri, 07/07/2023 - 8:28pm

But in NY you cannot serve anyone when you at a party to that action.   I will be experiencing something similar as a recent holdover tenant who left the unit a mess/damaged did not give me her forwarding address for obvious reasons as she knew she wasn't getting her deposit back.

I will be filing against her in small claims using her work address.

SteppedOut's picture

Submitted by SteppedOut on Fri, 07/07/2023 - 2:00pm

(4) In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be a sufficient service of the process.

Info from www.leaglprocessserversllc.com.

Looks to me like the employer could get in trouble with the court (and possibly bm if the process server has video of her evading).

advice.only2's picture

Submitted by advice.only2 on Fri, 07/07/2023 - 10:30am

My DH dodged Meth Mouth one time.  She kept having some tweaker show up at our house to serve him and we wouldnt answer the door.  Finally she sent the police over and he accepted it.  It's not like she will get in trouble, she just won't have time to respond to what she's being served for and that could lead to the case being dismissed or they could extend it so she has time to respond. 

Lillywy00's picture

Submitted by Lillywy00 on Fri, 07/07/2023 - 1:04pm

They can try to dodge subpoenas but obviously there is record of them dodging it and judges do not like it. 
 

If they keep dodging, they stay in contempt of court, then whatever you said they did/owe becomes fact (because they didn't answer subpoenas to prove otherwise). 
 

Make sure you hire a good process server. Mine took pics, license plates, got names of people who answered the door, came at various days/times. 
 

ALL of these minute details can be added up to catch them in lies under oath and shows what type of person they really are (unsavory)
 

*Im not a lawyer but I have dealt with an unsavory bio parent who dodged subpoenas. Each state varies in what exactly they consider "accepting/receiving" subpoenas but I'm sure your processors and lawyers know exactly 

notsurehowtodeal's picture

Submitted by notsurehowtodeal on Fri, 07/07/2023 - 1:14pm

While people dodge subpoenas all the time, I wasn't aware that a business could "deny service." This shows the fatal flaw in your lawyer's ridiculous plan to wait until 10 days before court to serve them. I know you are already stressed, but I think you should prepare yourself for this hearing being rescheduled again because of this issue.

justmakingthebest's picture

Submitted by justmakingthebest on Fri, 07/07/2023 - 1:18pm

There is no rescheduling. 

DH is home for a total of maybe 6 weeks the rest of the year, dates can't be disclosed due to ship movement. Then he is in Japan. This is it. Our lawyer knows this. 

Winterglow's picture

Submitted by Winterglow on Fri, 07/07/2023 - 2:34pm

Ask him how much BM paid him...

Lillywy00's picture

Submitted by Lillywy00 on Fri, 07/07/2023 - 5:16pm

Whenever you deal with UNSAVORY people in court you need to make sure you hire THE top lawyers in the city. The best that you can afford. 
 

Period. 

They have clout with the judges, they have more resources, and they will stay one step ahead 

These flimsy attorneys will let the ops get away with murder

Ispofacto's picture

Submitted by Ispofacto on Fri, 07/07/2023 - 3:33pm

Your lawyer is on the take, or he's buddies with someone.

 

Felicity0224's picture

Submitted by Felicity0224 on Fri, 07/07/2023 - 5:28pm

About 10 years ago, we were living in the Middle East and unbeknownst to us, someone had filed a lawsuit against XH for an incident that occurred when he was an LEO, approximately 7 years prior. It was no secret where we were; a 2 second search on social media would have revealed what country/city we were in and several ways to contact either one of us.

Ultimately it came to light that the process sever had "attempted" to serve XH at several locations over the course of 4-5 weeks or so. Ultimately he ended up at my MIL's and she refused to accept the documents. When she called us to tell us what had happened, it was the first we'd heard of it. We contacted an attorney and that's how we were able to find out what it was about. XH won the lawsuit, by the way, which makes it even funnier in light of how much time and money the plaintiff's attorney spent.

All that to say, first of all my MIL's refusal of service did count as XH being served, legally speaking. And the process server charged the plaintiff's attorney some astronomical amount for the many "failed attempts" to serve. They tried to pass those costs on to us, which is how we found out about the wild goose chase the server had taken himself on. It was absolutely ludicrous for the server or the plaintiff's attorney to assert that they didn't know we were overseas; to me it seemed like a thinly veiled way for the process server to pad his bill. Maybe that's the case with your BM's employer, etc? But in any case I'd expect that the refusal of service won't really matter - it'll count. Or it should! 

SteppedOut's picture

Submitted by SteppedOut on Fri, 07/07/2023 - 5:55pm

And an employer should know that! 

But. This judge/this locale/their shit attorney, who knows. 

TheAccidentalSM's picture

Submitted by TheAccidentalSM on Sun, 07/09/2023 - 4:50am

It seems like the whole of the local community is on BM's side.  I'm sure she's been bad mouthing your DH for the last 18 years.  If the process servicer is local, they may not be trying to serve her or her employer properly.  Same for your lawyer.  Even if he has seen your side of the story, I've always worried that he was more invested in his standing in the local community then in helping your DH with his case.

Fingers crossed that I'm  catastrophising.

ndc's picture

Submitted by ndc on Sun, 07/09/2023 - 10:32am

I said it before and I'll say it again. Your lawyer is an idiot. He should have anticipated this. When he told you his "strategic plan" to wait until the last minute, did you object?  They'll eventually be able to serve the subpoenas, but not necessarily in time.  Good luck - I hope it gets done ASAP.

Edited to add:  what exactly is the subpoena to her employer? Is it a subpoena for business records or a subpoena for someone to testify as to whether BM works there, and if so is it for a particular person? If business records, you're probably screwed - a google search turns up a Kansas statute that requires notice, 14 days to object, and more for non-party business records. If you're looking for a particular individual to testify, maybe that person isn't there and other employees won't accept service on his behalf? I'm far from a lawyer, though. I would make your lawyer explain it all and tell you what his Plan B is.