Does a court processor have to serve the person being served or anyone in the house at that address?

Question

I am getting ready to file chapter 13 bankruptcy. My attorney told me to stop paying the credit cards because they were being added to the bankruptcy. Now, a court processor has been punding on my door everyday for a week, 2 or 3 times a day. My attorney said it will take a couple of weeks to get my paperwork in order. I need to know if someone answers the door when I am not home, can he serve them with my papers. This processor has been here on Saturday and after 5 pm. Do they not get paid unless they serve me? He is so persistent,

Answer 1

No , they have to serve you specifically, othrwise you could say that you did not recieve notice. I am not sure how the pay part works, normally the person or company wanting you served has to go to court and file it with them , and pay a fee to them. Or they can get a private server to do it and pay them.  

Answer 2

Depends on the laws in your state, but generally, they can leave the papers with any adult at your residence.

Answer 3

If you're declaring bankruptcy, just accept the papers; it's inconsequential. If they're already serving you, then you probably haven't paid your obligations in 4 or more months, so what is the worry?

Bankruptcy will end all these lawsuits, anyway, so open the door with pride and give'em a wink.

But to answer your question, any adult resident can be served on your behalf.

Answer 4

just accept the papers

Geeez what is the big deal

Answer 5

i am a licensed process server. in most cases a summons or complaint can be served to anyone over 18 in the household but only after due dilligence. this means that at least 3 attempts must be made to serve you personally. if i knock on the door and you say "who is it" and i say your name and you say yes, you are served i can drop the papers on the ground you verified your identity to me i don't even have to see your face.

in the case of a supoena (the gentleman's divorce) the party being served must be served personally. no one else can accept the serve.

i am in california and i can serve between 8 am and 9 pm 7 days a week. the pay depends on the attorney you work for, usually payment is after the first attempt but i don't bill my guy until after the serve is done. please don't take your frustrations of a lawsuit out on the server, he or she is just doing their job, they have no interest one way or the other, and with the price of gas these days, i end up losing money if i have to chase someone over and over (i am a higher paid server and i only make $45.00 per serve.)

Answer 6

They can obtain a court order allowing the papers to be left with anyone over the age of 16.  It's no big deal. the lawsuit will be stayed by the bankruptcy filing.