Process Server Disclosing Info to Son

[BKdan]

There was a lawsuit filed in my county court about a week ago. I searched the online records and do see it there. It's filed by a local lawyer representing Citibank. I haven't been served papers yet but my 17 year old son told me a few days ago while I was at work that some lady with a badge and driving a brown SUV was looking for me. Today, I was away from home and he said she came back looking for me. He asked her what it was about and she told him that "it has to do with a credit card problem and some lawyer is having her do this". I was astounded that she disclosed that information to him and have to question the legality of that. I know it's public record but it is certainly nothing that we would discuss with our kids or even want them to know about. Does anyone know if perhaps she violated anything by doing that?

[justbroke]

No violation. Public record. They try to be discrete, but it is usually a deputy or a process server from the Sheriff's Department -- at least in Florida -- that delivers these.

[AngelinaCatHub]

No violation. Public record. They try to be discrete, but it is usually a deputy or a process server from the Sheriff's Department -- at least in Florida -- that delivers these.

Yes, this is true JB, but in FL, anyone living in the house who is at least 18 can be given the subpoena. Obviously it was a private concern and she/he should not have divulged, to a minor even if Public Record. The Sheriff says nothing other than this is legal paperwork for Mr. Doe and if asked, either does not know, or will not say what it is about. BUT the person served as a surrogate, must be 18, live in the household, or in some cased, to the workplace if not contacted at home. It cannot be left on the door or windshield wiper. This pertains to Civil suits only. Other rules app;y to other types of cases. Whether legal or not, I don't think that server had privy to talk too much. This is tantamount to invasion of privacy, as the subject did not seek the information but it was inflicted upon him, a disinterested party at that time. I would say, that there is meat for a tort in this case.

Your thoughts? 'Hub

[frogger]

I would say, that there is meat for a tort in this case.

Your thoughts? 'Hub

I don't think so. Even though the child was only 17 years old, in many cases the child could be and is considered to be an adult.

As to the process server, the server was not attempting to collect a debt as the server is providing a civil service, not a debt collection service.

I don't see any meat in this because the standards are different.

[justbroke]

Yes, I understand that the person being served must be any adult living at the residence. However, the process server didn't serve the 17 year old. I don't think it really matters, from any legal standpoint, that the process server indicated that it was related to a debt and a creditor.

So long as the process server wasn't out talking to all the neighbors and purposefully and willfully slandering or defaming the defendant, there is no privacy issue or law broken. The process server can state who they work for, which is usually the Sheriff or the county in which they are serving papers, who they are looking for, and the nature of the papers they are serving.

[tobee43]

i think it may vary state by state......

here's an example:


An older teenager is considered "of suitable age," as long as he "does not have a mental impairment that would prevent him/her from understanding that the legal papers should be given to the other party." Delivering to your 16-yr-old son that lives with you is proper service.

it probably depends on what sort of papers they are, but this comes from the Washington state rules of civil procedure:

"(c) Service. A subpoena may be served by any suitable person over 18 years of age, by exhibiting and reading it to the witness, or by giving him a copy thereof, or by leaving such copy at the place of his abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit.

this comes from the section on subpoenae, but i imagine (?) a similar provision applies to other documents. you'll have to do some reading. this is just my uninformed opinion and IANAL. you should ask yours.
posted by sergeant sandwich at 12:01 AM on October 19, 2006


According to RCW 4.28.080 (16) a summons may be served in Washington "By leaving a copy at his or her usual mailing address with a person of suitable age and discretion who is a resident, proprietor, or agent thereof, and by thereafter mailing a copy by first class mail, postage prepaid, to the person to be served at his or her usual mailing address." The phrase "suitable age and discretion" is not defined by the statute, so you have to refer to judicial precedent to get an idea of who qualifies. A google search turned up this decision from Washington in which a 16-year-old son was found to be of suitable age. The precedent referenced was the judicial decision in Miebach v. Colasurdo, 35 Wn App 803, 805, 808, 670 P 2d 276 (1983) in which it was held that a 15-year-old daughter was of suitable age to accept service."


in florida.....:
48.031 Service of process generally; service of witness subpoenas.

(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section.

(b) Employers, when contacted by an individual authorized to make service of process, shall permit the authorized individual to make service on employees in a private area designated by the employer.

(2)(a) Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person to be served, if the spouse requests such service, and if the spouse and person to be served are residing together in the same dwelling.

(b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the person in charge of the business at the time of service if two or more attempts to serve the owner have been made at the place of business.

(3)(a) The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness's required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court.

(b) A criminal witness subpoena may be posted by a person authorized to serve process at the witness's residence if three attempts to serve the subpoena, made at different times of the day or night on different dates, have failed. The subpoena must be posted at least 5 days prior to the date of the witness's required appearance.

Accordingly, the law does not allow for service of a summons by posting it. If it was a subpoena, then different rules apply. Look at 48.031(3)(b)



of course.....there are some differences WHEN the service is directed at the minor.....or...let's say someone attempts to sue a minor.

48.041 Service on minor....that's a different story of some sorts.


there may be a state or two it may not be allowed...but i'm hard press to find one....if someone can site an example would be interesting info!

[clevelandmom]

I do know that pretty much literally any "Joe Schmo" can go and serve papers on a person and they don't need to be licensed or certified or anything else, they just need to be breathing. I work at a law firm where they have had paralegals and mailroom clerks run out to "serve" people on a whim. So that being said, I doubt any law is being broken.

I will agree with the OP poster though. It sucks. We tried to keep our BK away from our 15 y/o as long as we could, but she's pretty smart and heard us talking about "attorneys" and "court dates" and "whether to keep the car," etc., and she got curious. So we did damage control and explained things to her, though we were able to do it in a way to let her understand that this was not necessarily a bad thing, we were basically going to be better off with a "fresh start." We also told her we have learned from our mistakes,and that she should never, ever get herself in the predicament we did.

[HHM]

In most states, the standard is "competency based" not age based. If the documents are served to someone at the known address of the debtor and the person appears competent, then that is good service.

It sucks, but you might as well focus on the REAL ISSUE...you have been sued and apparently have larger problems. Get your head in the game.

[justbroke]

I was going to write that this is not a question of age for a person to receive papers/summons for another party. The OP was asking about whether it was right to have disclosed. I don't see any issues there at all.

I like what HHM wrote. It's really about a case that has been filed and a summons served. Concentrate on the actual issue.

[GoingDown]

Yes, I understand that the person being served must be any adult living at the residence. However, the process server didn't serve the 17 year old. I don't think it really matters, from any legal standpoint, that the process server indicated that it was related to a debt and a creditor.

So long as the process server wasn't out talking to all the neighbors and purposefully and willfully slandering or defaming the defendant, there is no privacy issue or law broken. The process server can state who they work for, which is usually the Sheriff or the county in which they are serving papers, who they are looking for, and the nature of the papers they are serving.

Agreed.

There is nothing to get all that upset about here.

At least they are attempting to serve the defendent, instead of just using "sewer service" like some debt collectors have been known to do.

[justbroke]

GoingDown, you had to mention "sewer service" didn't you! LOL I would say that the Sheriff's office would never do sewer service. However, anyone over 18 can serve papers, so... I know it happens!

[BKdan]

It sucks, but you might as well focus on the REAL ISSUE...you have been sued and apparently have larger problems. Get your head in the game.

I like what HHM wrote. It's really about a case that has been filed and a summons served. Concentrate on the actual issue.

I really do appreciate the information provided here. But the comments like these I've quoted amaze me. I pose a simple question hoping to come across as benign as possible (because I know how forum conversations can digress) and now I'm accused of not focusing on my real problem. Obviously I'm new on this forum but we all are apparently members of this forum for some quite similar reasons, albeit at different times in our respective lives, and asking any valid question here should indicate that a person is trying to deal with their problems. Trust me, I'd rather not be seeking answers about this process as a result of my stupid financial decisions but I came here for a reason. The question I asked was simply that......a question. I certainly wasn't whining or complaining and trying to get some sympathy. It was just my curiosity as to whether or not it was legal and the fact that information like that was disclosed to a minor got my ire up. Again, I appreciate all the input, but not statements that insinuate I'm not dealing with my problems.

Now, having said all that, I still have not been served. In fact, as far as I know, there have been no attempts for the past 2 weeks roughly. There were about 3 or 4 missed attempts before that based on my wife and son telling me she came by while I was out. I have a pretty regular schedule and there is no way to continue missing me. So, I'm not sure why there's been no sign of her. According to the online court records, the case was filed on 2/15. It's been over a month now so I'm not sure how long they continue to make attempts or if there is even a time frame in which they have to serve.

[justbroke]

I actually provided advice 3 different times in the thread. I like when HHM wrote that you should concentrate on the real issue which is that you have been sued.

Unfortunately, and I've done this myself at times, we tend to focus on the irrelevant and not focus on the real issue. Personally, I would figure out who is trying to serve me, and make arrangements to get the paperwork. None of the Statements posted by either myself or HHM said anything about not dealing with your problems, or in this case, the actual underlying problem. Perhaps you were looking for a different answer, and hoping that the senior members here would agree that the process server was wrong for talking to your child. Unfortunate as that was, it's not wrong nor out of the norm. Why didn't your wife accept the service?

The suggestions provided by myself and others clearly ask you to seek out the process server and make it a point to be served. If you don't want to be served or are too busy, it will be returned (service returned) and the plaintiff will move for default judgment, then record the judgment and then seek garnishment and/or levy of your personal property as allowed in your State.

It's that simple. When I was served for my property -- foreclosure -- the deputy came and left a card. I immediately called and made it a point to be home when they said they'd return. It's that simple.