ducking service

Posted by 2muchdebt (64.63.231.164) on June 30, 2004 at 04:24:17:

In Reply to: Re: oh yes... posted by Boadicea on June 29, 2004 at 23:47:17:

Only once have I been a plaintiff in a case (small, but ineligible for small claims court), and the defendant did duck service on a mere 3 attempts. This is in the same jurisdiction I'm living in now.

Personal service was required, according to the attorney who filed on my behalf. He stated that avoiding service does create a problem around here, and that there was no way around it in getting acceptable process of service. I made numerous calls to process servers, and they stated likewise. My case did end up as inactive (I believe it was 2 years after the original filing), and I was told I'd have to pay all the re-filing fees once again, should I make future attemps to serve him. This was 23 months ago, and I believe he said it was a 2 year SOL for this civil issue.

So if I'm interpreting things in this thread correctly, my case as plaintiff will be thrown out next month on a SOL basis (case filed 8/00, inactive since 8/02), given that no action has been made on my behalf to refile, 2 years since the case became inactive.

In any event, ducking service did pay in the one and only time it was used against me. That's why I've been thinking it may be the thing to do if I'm on the other side next time. Perhaps in my case, my attorney didn't really want to go to court, so he really didn't try to get things done another way. Or perhaps it really does pay to attempt to duck service in this jurisdiction, although the ducking clearly won't work in other jurisdictions, as stated throughout this thread.

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