Refusing to acknowledge summons

[westikle]

North Carolina

I've been trying to serve my ex a summons to appear in SCC so that I can retrieve some things I have on her property that she is denying my access to. My first attempt was through the Sheriff's department, and when I showed up to court, of course she wasn't there. The magistrate told me she hadn't been served. How was I supposed to know this? Anyway, a lawyer recommend I send the next summons certified mail with receipt of signature. So that's what I did. After reading around this site I see where I should have also sent one with delivery confirmation. So far I haven't received my green slip back showing where she signed for it, so I fear she will be a no show again. I did however receive some texts from her the other day with her saying by the time she went to the courthouse to get her summons the first time, it was too late, and they told her she didn't have to appear. She also stated in the same texts that she received the note from the mailman to come to the post office and pick up her certified letter, and that she would do it soon (several days ago). My question is, would these text messages interest the magistrate when I appear in court since they prove she obviously knows she has a summons waiting for her, but refuses to pick it up? If not, what can I do?

Thanks
Wes

 

[FlyingRon]

§ 7A-217. Methods of subjecting person of defendant to jurisdiction.
When by order or rule a small claim action is assigned to a magistrate, the court may obtain
jurisdiction over the person of the defendant by the following methods:
(1) By delivering a copy of the summons and of the complaint to the defendant
or by leaving copies thereof at the defendant's dwelling house or usual place
of abode with some person of suitable age and discretion then residing
therein. When the defendant is under any legal disability, the defendant may
be subjected to personal jurisdiction only by personal service of process in
the manner provided by G.S. 1A-1, Rule 4(j)(2).
(2) When the defendant is not under any legal disability, the defendant may be
served by registered or certified mail, signature confirmation, or designated
NC General Statutes - Chapter 7A Article 19 3
delivery service as provided in G.S. 1A-1, Rule 4(j). Proof of service is as
provided in G.S. 1A-1, Rule 4(j2).
(3) When the defendant is under no legal disability, the defendant may be
subjected to the jurisdiction of the court over the person of the defendant by
written acceptance of service or by voluntary appearance.
(4) In summary ejectment cases only, service as provided in G.S. 42-29 is also
authorized. (

 

[westikle]

Thanks Ron. I understand the methods in which she may be served but that doesn't really answer my question unless I overlooked something.

 

[Zigner]

Thanks Ron. I understand the methods in which she may be served but that doesn't really answer my question unless I overlooked something.

You say that you understand the acceptable methods of service, but then you want to know if a method of service that is NOT an acceptable method of service will be allowed...

Think about it...

 

[westikle]

Zigner, I've thought about it. What about my method is NOT an acceptable method? It clearly states that a certified letter is acceptable. And besides that, my question was whether or not my record of text messages would be evidence that she is avoiding the summons. Did you even read the original post?

 

[LdiJ]

Zigner, I've thought about it. What about my method is NOT an acceptable method? It clearly states that a certified letter is acceptable. And besides that, my question was whether or not my record of text messages would be evidence that she is avoiding the summons. Did you even read the original post?

Its not illegal to avoid a summons therefore what would be the point?

 

[Zigner]

Zigner, I've thought about it. What about my method is NOT an acceptable method? It clearly states that a certified letter is acceptable. And besides that, my question was whether or not my record of text messages would be evidence that she is avoiding the summons. Did you even read the original post?

Oh...maybe YOU didn't read your original post:

My question is, would these text messages interest the magistrate when I appear in court since they prove she obviously knows she has a summons waiting for her, but refuses to pick it up?

Take your attitude to an attorney who will get paid to deal with it.

 

[not2cleverRed]

Zigner, I've thought about it. What about my method is NOT an acceptable method? It clearly states that a certified letter is acceptable. And besides that, my question was whether or not my record of text messages would be evidence that she is avoiding the summons. Did you even read the original post?

You are asking a LEGAL question.

There are LEGAL rules. Assuming that Ron's post is for current law, those are your options.

Unless and until the law is changed to specifically allow service by text message, your text messages are insufficient for proof of service. Should you think this unfair or insufficient, you take action towards changing the law. However, this is a long process, and would not be complete in time to serve your ex before the court date.

And no, the magistrate will not be "interested" in having his/her time wasted with your text messaging drama.

 

[westikle]

what is going on in here? I get that, yes, I have legal options. I am using the second legal option after she avoided the first legal option. I'm not wanting to know If a text message is an acceptable way to serve someone. And I know people avoid being served all day everyday especially when they know what it contains. BUT, and here is what I'm unsure about, BUT I have evidence to show that she is aware of the court summons and refuses to accept it. It's not a delivery confirmation I'm aware, but I thought it may sort of serve the same purpose, and I've read in some states that she could be held in contempt. That is what I am unsure of. There is no "text message drama" here, as I've decided that is our only means of communicating so I can have record of every conversation. Please, don't fire back with some "take your drama to a lawyer" bs. If it seems that I have an attitude it's probably because I feel no one has addressed the actual concern, but loves to end their post in some snappy little smartass remark.

Think about it....

 

[FlyingRon]

I'd be inclined to help more, but since you'd rather harass the posters here than get advice I'm out of here.

And no, a text message is NOT acceptable service.

 

[Zigner]

Oh my Jesus what is going on in here? I get that, yes, I have legal options. I am using the second legal option after she avoided the first legal option. I'm not wanting to know If a text message is an acceptable way to serve someone. And I know people avoid being served all day everyday especially when they know what it contains. BUT, and here is what I'm unsure about, BUT I have evidence to show that she is aware of the court summons and refuses to accept it. It's not a delivery confirmation I'm aware, but I thought it may sort of serve the same purpose, and I've read in some states that she could be held in contempt. That is what I am unsure of. There is no "text message drama" here, as I've decided that is our only means of communicating so I can have record of every conversation. Please, don't fire back with some "take your drama to a lawyer" bs. If it seems that I have an attitude it's probably because I feel no one has addressed the actual concern, but loves to end their post in some snappy little smartass remark.

Think about it....

You certainly are dense...you want to know if you should show text messages to the judge to show that she's aware there's a summons. What good do you think that will do? NONE (as you've been told over and over [and over] again).

.

 

[westikle]

And no, a text message is NOT acceptable service.

Where did I ever say I was trying to serve someone with a text message?? I don't need clarification of that. THAT post is another example of why I've become frustrated here.

 

[westikle]

...you want to know if you should show text messages to the judge to show that she's aware there's a summons.

Zinger, at least you finally get my question. Yes, I wanted to know if a magistrate would have any interest of proof of someone avoiding a summons.

What good do you think that will do?

I didn't know. That's what i came here to ask.

...(as you've been told over and over [and over] again).

No. What I've been told over and over (and over) again is that a text message is not an accepted way to serve a summons.

While I do appreciate you even taking the time to respond, (and yes I understand this is a free forum and not a substitute for a lawyer), i don't appreciate everyone's attitude and assumption that this is just another drama king who spends most weekends in court whining about baby mama's and all of that mess that goes on at any courthouse i've ever walked by.

Thanks
Dense in North Carolina

 

[Zigner]

Zinger, at least you finally get my question. Yes, I wanted to know if a magistrate would have any interest of proof of someone avoiding a summons.



I didn't know. That's what i came here to ask.



No. What I've been told over and over (and over) again is that a text message is not an accepted way to serve a summons.

While I do appreciate you even taking the time to respond, (and yes I understand this is a free forum and not a substitute for a lawyer), i don't appreciate everyone's attitude and assumption that this is just another drama king who spends most weekends in court whining about baby mama's and all of that mess that goes on at any courthouse i've ever walked by.

Thanks
Dense in North Carolina

Oy!

You want to show the judge that she's aware of the case and simply avoiding service by showing the judge the text messages. In other words, you want to have the judge say that she's been served based on your text messages.

It's really not rocket science.

 

[single317dad]

http://ncapps.org/find-a-process-server/