Does a letter or email to a Plaintiff attorney constitute service of process?

[sylvesterfl]

What is the name of your state (only U.S. law)? Florida

I've got a collection attorney on my company for nearly six months now. The case is bogus and I plan to fight them ... however it's from out of state and consequently will cost me more time and money than I have. I have not been served the papers for this suit as of yet. However, to my knowledge they have been attempting to serve me as the registered agent of the company. So, a few things have developed and I was thinking about opening email/phone communication to either settle for a low amount or get them to dismiss the suit. However, I don't want a letter or phonecall from me to somehow give them the "easy serve" and turn on the clock for me to defend myself against the entire suit.

In other words, if I send them a letter detailing my side of the case will that somehow prove that I've been "served" or seen a copy of the lawsuit? They have sent a copy of the suit via regular mail many months ago and have been attempting service on and off since then. I was reluctant to deal with them at all as their reputation is nothing but horrible when it comes to settling or negotiating.

 

[sylvesterfl]

15 views and no answer? Come on Someone must know .... Thanks.

 

[Zigner]

Many of us know. You just don't like our answers.

 

[sylvesterfl]

Oh grow up Zig! Just because you don't like something I said doesn't mean you have to ignore me or be mean. Geez LOL. Are you like 10 years old or what?

 

[Rexlan]

No way! I'm 11 and I'm pretty sure he's a year older than me .

Duplicate post anyway from debt collections.

 

[sylvesterfl]

No way! I'm 11 and I'm pretty sure he's a year older than me .

Duplicate post anyway from debt collections.

Are you the forum rent-a-cop? Here to be useless and annoy? I'm just trying to get an answer to my question. So, if you don't have an answer please don't reply. Thanks!

 

[tranquility]

There are good reasons for the "rule" against multiple postings of the same or related questions in different forums. All of the experienced posters know this and, based on the comment by Rexlan, none will answer here. His post did help you get an "answer" as you can now refine the question in the other thread and maybe get some appropriate responses. Spamming out duplicate posts will not aid you in your search.

 

[Antigone*]

There are good reasons for the "rule" against multiple postings of the same or related questions in different forums. All of the experienced posters know this and, based on the comment by Rexlan, none will answer here. His post did help you get an "answer" as you can now refine the question in the other thread and maybe get some appropriate responses. Spamming out duplicate posts will not aid you in your search.

Since this thread seems useless to begin with, I'm going to take this opportunity to hijack it and say... Tranquility ~ I'm glad to see you ~ you've been missed.

 

[sylvesterfl]

There are good reasons for the "rule" against multiple postings of the same or related questions in different forums. All of the experienced posters know this and, based on the comment by Rexlan, none will answer here. His post did help you get an "answer" as you can now refine the question in the other thread and maybe get some appropriate responses. Spamming out duplicate posts will not aid you in your search.

I hit delete on the message in the other forum. At any rate, I'm just trying to get an answer to my question so I'll keep trying. I'm sure someone will help out and answer sooner or later. I realize that some of the folks that hang here regularly don't like to help or like to pick and choose who to help and who they want to ridicule. That's OK Carry on! In the meantime a bump for my question. PLease Thank You.

 

[tranquility]

I hit delete on the message in the other forum.

Well then, are you sure you haven't been served? In my state under certain conditions, service can be accomplished by leaving a copy at the place of residence and then mailing a copy to the same address.

Flordia probably has a constructive service process (like most states) where they can publish in a paper and then mail a copy or something along the line of what I wrote above.

They will already have a proof of mailing/publishing or mailing/dropping off and your letter will prove nothing more than you did have actual notice. Which would make it harder for you to reopen if there is a default judgment for failing to respond to the actual or constructive service I bet you've already received.

 

[sylvesterfl]

Well then, are you sure you haven't been served? In my state under certain conditions, service can be accomplished by leaving a copy at the place of residence and then mailing a copy to the same address.

Flordia probably has a constructive service process (like most states) where they can publish in a paper and then mail a copy or something along the line of what I wrote above.

They will already have a proof of mailing/publishing or mailing/dropping off and your letter will prove nothing more than you did have actual notice. Which would make it harder for you to reopen if there is a default judgment for failing to respond to the actual or constructive service I bet you've already received.

<SIGH> No, I have not been served. I clearly stated that in the OP. Also, spare me all the "how you might be served" stuff. Thanks to months of reading and hearing this from idiots on YA! I've now lost about half my hair. 6 months and reading the court record online has taught me that the whole:

- Serving the ditch
- The "drop serve" with layup
- The "watch out you've been served in a paper you don't read"
- The "nail it to your door and you've been served"
- and now from you the simple "you've been served and don't know it"

and other assorted Internet tall tales are just that! Just because there is a law on books somewhere, or you heard about it on the Internet does not mean it's true. More specifically, it doesn't mean that it happens the way that you think it does in every case. Obviously, I'm looking for real answers and not just more regurgitated Internet conjecture.

The bottom line is that being served for a lawsuit is a VOLUNTARY CIVIL AGREEMENT. I do not have to accept papers from anyone for anything at any time and lately I make a habit of doing just that. For some reason, about 98% of the people on the Internet think that a process server with papers is more like a cop with a warrant for an arrest. Well, it's not. Not even close.

Again, back to my simple question. If I send these jerks an offer letter would that constitute some kind of service of process? There is a definite answer on this without any further information. I just suspect many people don't know the answer. I tend to think that the answer is probably "no" as it has been for all the other off the wall serving "tactics" I've heard are valid on the Internet. They are gonna most likely deny my offer as they do everyone else's anyway. However, I've got a few more things I wanted to stick in there for them to chew on this time.

 

[Zigner]

<SIGH> No, I have not been served. I clearly stated that in the OP. Also, spare me all the "how you might be served" stuff. Thanks to months of reading and hearing this from idiots on YA! I've now lost about half my hair. 6 months and reading the court record online has taught me that the whole:

- Serving the ditch
- The "drop serve" with layup
- The "watch out you've been served in a paper you don't read"
- The "nail it to your door and you've been served"
- and now from you the simple "you've been served and don't know it"

and other assorted Internet tall tales are just that! Just because there is a law on books somewhere, or you heard about it on the Internet does not mean it's true. More specifically, it doesn't mean that it happens the way that you think it does in every case. Obviously, I'm looking for real answers and not just more regurgitated Internet conjecture.

The bottom line is that being served for a lawsuit is a VOLUNTARY CIVIL AGREEMENT. I do not have to accept papers from anyone for anything at any time and lately I make a habit of doing just that. For some reason, about 98% of the people on the Internet think that a process server with papers is more like a cop with a warrant for an arrest. Well, it's not. Not even close.

Again, back to my simple question. If I send these jerks an offer letter would that constitute some kind of service of process? There is a definite answer on this without any further information. I just suspect many people don't know the answer. I tend to think that the answer is probably "no" as it has been for all the other off the wall serving "tactics" I've heard are valid on the Internet. They are gonna most likely deny my offer as they do everyone else's anyway. However, I've got a few more things I wanted to stick in there for them to chew on this time.

You CAN be served without it being voluntary. Of course, why would you even ASK questions HERE on an internet forum? Good luck - you'll need it.

 

[sylvesterfl]

You CAN be served without it being voluntary. Of course, why would you even ASK questions HERE on an internet forum? Good luck - you'll need it.

I don't have to answer the door. I don't have to give any server my ID. If you consider throwing papers at someone who you don't even know as "involuntary service" then in your own mind you are right. However, I've heard the courts in the REAL world don't agree.

 

[Zigner]

I don't have to answer the door. I don't have to give any server my ID. If you consider throwing papers at someone who you don't even know as "involuntary service" then in your own mind you are right. However, I've heard the courts in the REAL world don't agree.

As I said - good luck.

 

[sylvesterfl]

Yeah and good luck with all those involuntary serves of process. Why don't you enlighten us as to how they can really be enforced in a civil court before you look even more ... well you know.