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

[seniorjudge]

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.

Go to the courthouse and look at your file.

The court may have already declared you to have been served.

 

[Zigner]

Go to the courthouse and look at your file.

The court may have already declared you to have been served.

How DARE you say something like that - heretic!

 

[tranquility]

<SIGH> No, I have not been served. I clearly stated that in the OP.

And yet, you apparently can't find out how a person can be served or if actual notice is important to service.

I decided to use my internet skilz and find the clearly false and fake "law" on service in Florida. You might want to review

Florida Statute Title VI Chapter 49 at 49.011 (1) regarding constructive service for a person with your facts, but then, you must have already known that from your vast research.

And, as was answered in my previous post (you should learn to read if you're going to play lawyer-games):

your letter will prove nothing more than you did have actual notice.

From your research, was actual notice EVER a requirement for service?

 

[sylvesterfl]

Look tranq, zig, et al.

The bottom line is that in MOST lawsuits in MOST states you MUST be properly served which USUALLY involves a dirty process server walking up to you and asking your name. If you respond in kind with your name, said dirty no good money grubbing process server hands you papers and makes 50-75 in return. Then they make a little note with their dirty nicotine stained fingers saying that they "served you". If this doesn't happen, then they usually get annoyed and keep trying to serve you and annoy you and stress you out. However, if they can't serve you the papers are eventually resturned NON EST or something to that effect and the process continues.

As for the rest of this stuff, my OPINION is that it is all contrived nonsense brought forth by attorneys and the lion share of our current sue happy nation. People are always trying to convince people that they must sue and of course if you must sue you MUST accept papers when you are being sued. It's all a bunch of nastiness brought forth by nasty people. Process servers are money grubbing dirtbags and so are most of the people that hire them. I had an unemployment case once years ago. I had FIVE people to serve. I served every last one of them MYSELF. That's how it should be. I don't pay other people to do my dirty work.

 

[Antigone*]

All right Tranq, Zig and et al eek: who the heck is et al), Oh well,

Come on you guys stop beating up on this poor dirty, nicotine-stained finger, money-grubbing legal eagle. I am ashamed of all of you...know go to your rooms and stay there until after dinner

 

[sylvesterfl]

And yet, you apparently can't find out how a person can be served or if actual notice is important to service.

I decided to use my internet skilz and find the clearly false and fake "law" on service in Florida. You might want to review

Florida Statute Title VI Chapter 49 at 49.011 (1) regarding constructive service for a person with your facts, but then, you must have already known that from your vast research.

And, as was answered in my previous post (you should learn to read if you're going to play lawyer-games):
From your research, was actual notice EVER a requirement for service?

Gee, thanks for showing me that as I now know that service in a publication is NOT ALLOWED AT ALL in my case. I don't see any clause in there for a case coming from out of state for a business debt against a corporation. LOL! Awesome. Seriously, you have produced the most helpful reply on this forum yet. That's probably why these dirtbags haven't put my company name in the paper! God knows they would have done any such easy thing like that by now. It's been over 6 months and the record still shows no serve.

Now ... if I could just get my OP answered. I'm about ready to say F it and just keep dodging.

PS. Do ya see my point now about all these Internet tall tales about process serving?

 

[Zigner]

Look tranq, zig, et al.

The bottom line is that in MOST lawsuits in MOST states you MUST be properly served which USUALLY involves a dirty process server walking up to you and asking your name.

You have been watching WAY too much TV

 

[sylvesterfl]

How DARE you say something like that - heretic!

As I said, I have many times. It's on the Internet. I'm declared as "not served" on "that there file"! I just wish they'd not serve it right into a dismissal since their mistakes and breach of contract cost me about 3x the amount that they are suing me for. However when you are the phone company I guess you can do whatever you want as long as you want and money is no object because they've got yours.

 

[sylvesterfl]

You have been watching WAY too much TV

??? Zig! I didn't get that from TV. I've been served several times before VOLUNTARILY. That's exactly what hapenned. Only difference is it was a cop which is almost the same thing. One has a smell of pork and cigarettes and the other ... well you know.

 

[seniorjudge]

Q: 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?

A: No.

 

[sylvesterfl]

Q: 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?

A: No.

Finally! I don't suppose you'd be willing to expand on that. I mean, you are the FIRST person to just answer my question. The only thing is your answer is very short and leaves me wondering if you are being serious or not

Even though these other folks haven't answered my Q, they have got me thinking that I might not want to give these attorneys any advantage. If they have some kind of communication from me they just might find a way to use it to their advantage. I'm not sure as I have not negotiated with them yet. I have a close friend who went through a similar battle and he attempted negotiation with them and failed miserably.

 

[seniorjudge]

Finally! I don't suppose you'd be willing to expand on that. I mean, you are the FIRST person to just answer my question. The only thing is your answer is very short and leaves me wondering if you are being serious or not

Even though these other folks haven't answered my Q, they have got me thinking that I might not want to give these attorneys any advantage. If they have some kind of communication from me they just might find a way to use it to their advantage. I'm not sure as I have not negotiated with them yet. I have a close friend who went through a similar battle and he attempted negotiation with them and failed miserably.

You would have to file something with the court to indicate that you had been served.

But ... as others have pointed out ... you are playing a dangerous game. Just go ahead and get served and then start negotiating.

Otherwise, they may get a default judgment against you without you knowing anything about it.

 

[Zigner]

Finally! I don't suppose you'd be willing to expand on that. I mean, you are the FIRST person to just answer my question. The only thing is your answer is very short and leaves me wondering if you are being serious or not

Even though these other folks haven't answered my Q, they have got me thinking that I might not want to give these attorneys any advantage. If they have some kind of communication from me they just might find a way to use it to their advantage. I'm not sure as I have not negotiated with them yet. I have a close friend who went through a similar battle and he attempted negotiation with them and failed miserably.

I will watch for your post complaining about a default judgment against you...

 

[seniorjudge]

Look tranq, zig, et al.

The bottom line is that in MOST lawsuits in MOST states you MUST be properly served which USUALLY involves a dirty process server walking up to you and asking your name. If you respond in kind with your name, said dirty no good money grubbing process server hands you papers and makes 50-75 in return. Then they make a little note with their dirty nicotine stained fingers saying that they "served you". If this doesn't happen, then they usually get annoyed and keep trying to serve you and annoy you and stress you out. However, if they can't serve you the papers are eventually resturned NON EST or something to that effect and the process continues.

As for the rest of this stuff, my OPINION is that it is all contrived nonsense brought forth by attorneys and the lion share of our current sue happy nation. People are always trying to convince people that they must sue and of course if you must sue you MUST accept papers when you are being sued. It's all a bunch of nastiness brought forth by nasty people. Process servers are money grubbing dirtbags and so are most of the people that hire them. I had an unemployment case once years ago. I had FIVE people to serve. I served every last one of them MYSELF. That's how it should be. I don't pay other people to do my dirty work.

You forgot that if someone attempts to serve you and if you refuse it, then that is considered service in most states.

You need to accept service and start negotiating.

 

[sylvesterfl]

You would have to file something with the court to indicate that you had been served.

But ... as others have pointed out ... you are playing a dangerous game. Just go ahead and get served and then start negotiating.

Otherwise, they may get a default judgment against you without you knowing anything about it.

AGAIN. I don't see how you can get a judgement against a CORPORATION when the registered agent has not been served. I've been told this is not possible by two attorneys. I check the record for the "case" daily. Last entry was "ENTRY OF SERVICE" followed by "NOT AT GIVEN ADDRESS"

As far as a dangerous game. Well, once this game is "on" I've got less than a month and no money to somehow defend myself against an onslaught of highly paid attorneys for the phone company in a court that's over 10 hour drive away! So, as you can clearly see .. that also is a dangerous "game". Basically, that will also probably be a default judgement since I simply don't have the resources to defend my company against this big rich dirty monopolistic dog.