Question:

Sheriff's Deputy to Serve papers - can I collect the papers on someone's behalf?

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I've got a persistent Deputy Sheriff that keeps arriving at an elderly couple's home to serve papers to their apparent relative. Why the Department has their address is unknown and results in a lot of stress as this relative's issues are not this elderly couple's concerns.

I have been asked to look into this issue on their behalf and I would like to know if I can collect these papers on their relative's behalf. Given permission by these folks seems enough... and being that they're senior they are stressed out by this guy's visits.

The kicker is that he is a Sheriff right... so he's there to serve papers, but no one knows what it is about and if I can get to the bottom of it, ie: know what he's serving, the issue can be resolved a whole lot more swiftly.

I'm writing a letter to this Sheriff right now asking for a meeting between him and I, but since it's after hours and he probably wont' be able to respond until tomorrow, I wanted to see what you think.

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4 ANSWERS


  1. The only person who can be served is the person the papers are intended for.  You should ask who that person is, and if that person does not live there, inform the sheriff that the person does not live at that address.  That should be the end of it.


  2. A citation is to be served on a person named in the lawsuit or other judicial action.  A citation may be given to that person's attorney or a corporation's registered agent.  Under some circumstances and with the permission of the court, it may be posted on that person's door or posted in the newspaper.  Giving the paper to any other person does not satisfy the requirements of law.  I would be VERY surprised if the sheriff agreed to give the paper to you.

  3. You need to have them contact the sheriff's Department and ask who you would need to talk to about someone being served at the wrong address you can handle it that way.  

  4. You wont be able to collect the papers, but you can sure force them to back off and not pester that nice old couple again.

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