AP Proof of Service Refused

[UpsideDownMI]

I just checked the USPS website to check the status of the summons and complaint that I sent to the defendant in my AP (Lien Strip) via certified mail per court rule and found out the defendant refused to accept delivery. Has anyone had this happen to them before?

I am hoping that since I did serve the defendant properly per court rule and have filed my proof of service, that this will not have a negative impact on my case. I plan on leaving the package sealed when it is returned to me as additional proof in case I need it later.

[AngelinaCatHub]

I just checked the USPS website to check the status of the summons and complaint that I sent to the defendant in my AP (Lien Strip) via certified mail per court rule and found out the defendant refused to accept delivery. Has anyone had this happen to them before?

I am hoping that since I did serve the defendant properly per court rule and have filed my proof of service, that this will not have a negative impact on my case. I plan on leaving the package sealed when it is returned to me as additional proof in case I need it later.

I was about to say, do not open the envelope and keep the Green Card. You can for about $20 have a Sheriff Deputy give service of that letter or summons to him.

Actually, in Florida, a C&D letter or any other type, for $20 will be served by a Sheriff. Also put this into the newspaper. Not that expensive and leave it thirty days. You will be fine. 'Hub

[UpsideDownMI]

Thanks Hub. I filed a copy of the green receipt with my proof of service. I also still have the original.

I am trying to determine if I will have to re-serve the summons and complaint. I can't find anything under the federal rules of procedure that addresses this issue. In my opinion the defendant was served even if they refused delivery, but that is just my opinion.

[AngelinaCat]

Thanks Hub. I filed a copy of the green receipt with my proof of service. I also still have the original.

I am trying to determine if I will have to re-serve the summons and complaint. I can't find anything under the federal rules of procedure that addresses this issue. In my opinion the defendant was served even if they refused delivery, but that is just my opinion.

Check with the Local Rules of your Court too. The Federal Rules are there, but local Courts can devise their own rules. Of course, the generally have to follow the guide of the Federal Rules.