Serving a summons

[Mickey1992]

Anyone ever had to serve a summons before?

The owner of a store my wife knows had some bastard write a bad check for $500.  The owner went down to the courthouse and he was advised that he would have to serve the summons himself because the bastard lives outside the county.  He was also advised that he would need a witness.

Anyone ever have to do this?  The bastard lives in an apartment.  I have been asked to be the witness.  My idea was to buy a pizza, tape the summons to the inside lid, then deliver the pizza to the bastard.  Feign like I must have the wrong address, then ask the bastard to hold the pizza while I fish for the paperwork.  I figure if someone just tries to hand him the summons he will simply slam the door.

[Captain Virgil Hilts]

If you have a genuine bad check for any real sum (written on a closed account, or something of that nature) you have a case of fraud, and it is not the citizen's duty to enforce the law. If either of you were hurt during the process, the injured party can sue the injuring party and the agency that has jurisdiction that failed to serve. In most cases, the lower limit is $250. Often, what you have is a legal system that doesn't want to be bothered with the problem, and just makes it difficult for the defrauded party in order to make it go away. I've been out of that sort of business for around 2 decades now, so what I know may be out dated, and it may not apply to every locale.

If you're bent on doing this, you need to make money on it. Then you need to shadow the clown for a few days to see his habits. Catch him in a public place, have a friend with a cell phone that can take a picture, and pop him out in the open.

[midnight Target]

I worked as a server for a local attorney to pick up some extra cash. This was about 20 years ago, but it was pretty boring for the most part. Once I found the servee it went smoothly.

[rpm]

Man, Ohio is messed up. Here in Texas all I have to do is make an attempt to contact them. After that I send the check to the County Attorney and they try to contact. After 30 days a warrant is issued and they wind up in jail sooner or later. Sometimes it takes a couple years, but eventually it catches up to them and I get the money. Jail is a great motivator to pay up.

[x0847Marine]

Originally posted by Mickey1992
Anyone ever had to serve a summons before?
 

In Ca a summons needs to be served by a 3rd party not related to the case, but if hes got a case with good investigateable leads I don't see why they're advising him to serve it himself... unless this is related to a civil case.

If it just a "bad check", as in NSF, then its only a civil matter... some people do get fanged by the DA if they are chronic NSF'ers (it shows intent to defraud) which is something he can follow up on with the DA's office.

If its forged, thats a criminal matter and he should take the check to the police for a criminal filing, which are very easy ( I worked forgeries / white collar crimes for a # of years)

One tip for him: a right hand thumbprint on checks using any cheap ink pad; as a Det I could submit the thumbprint to the DMV (and or AFIS) for instant ID...

[rpm]

One minor hitch in the thumbprint method. Since Check 21 went into effect you no longer get the original back, only a poor photocopy. I have trouble reading most of the printing, much less a fingerprint.

[Shamus]

Hire an Ohio process server, they should know the State court rules.

Shouldn't cost more than 50-75 bucks and is added onto the claim.

shamus

[Mickey1992]

Sorry, when I said bad check I meant a check for NSF.  Apparently the bastard left the store and went down the street to another store and wrote a check for $150.

[Mr No Name]

Checks over $500 are a felony.

[Mickey1992]

Originally posted by Mr No Name
Checks over $500 are a felony.

You're right.  It's a fifth degree felony.  I am going to ask him exactly what the county told him.  It doesn't seem right that he has to jump through hoops if the offense is a felony.

[Shamus]

Most prosecutors are not going to charge for a $500.00 hot check, and your friend may not want them charged if his goal is to get his cash.

Once the charge is filed you friend go's way down on the list of who is important, lawyers and fines come first and restitution orders have a way of slipping thru the cracks.

He wants to be first to get a civil judgment and use the threat of pursuing criminal charges as a lever in the collection effort.

shamus

[FBBone]

I had to have someone served a few years back, I was able to pay ($25) to have an off duty Deputy serve the little punk.  Shiny badges are a great motivator, even if the little bastage is slimy as an eel.