Process of service questions

[Loose Cannon]

As mentioned in another post I drive trucks for a living throughout the USA and Canada and am away from my domicile for extended periods of time (sometimes exceeding one month).

In the trucking industry the logbook I am required to keep is considered a legal document. Furthermore I keep various receipts (fuel receipts, motel receipts, and other receipts) that would prove that I was indeed where I claimed to be on the logbook when I claimed to be there.

If a plaintiff was to try to serve me and I had proof I was gone for a whole month or more (this is in the course of normal business) would I have grounds to object and claim improper service (and perhaps have default judgment vacated)? Or if there was a debtors exam scheduled and I was away so I did not hear about it and I was away on the scheduled date would that be grounds to get a bench warrant quashed?

[AngelinaCat]

Loosecannon, If you were out of state for an extended time, I think you would have a good chance to argue no service. In Civil law, you must serve the person, or an adult who is connected with you at your residence or place of employment. In a Federal case, civil or criminal, you must be served personally, no surrogate not even your wife can accept the papers. You must be handed it or they are allowed to put it in your pocket. You have then been served. If you are known to be unavailable especially out of state, and not dodging service, you got a point. 'Hub

[AngelinaCatHub]

If you have a lawyer, he is allowed to take service in all cases, unless you state to him not to do so. However if he is representing you in the immediate case, he has to take it you won't be involved. 'Hub