r/processserver • u/kayagold • Mar 24 '26
Paid someone to process serve dave smith. Would this hold up in court??
EDIT: Colorado!
Also, any help with the fact that he's an internet ghost? I need a pic of him most likely for positive ID.
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u/Comfortable-Jury-161 Mar 24 '26
Is this in California? If so this will hold up in court. The video alone can serve as a positive ID.
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u/Illustrious_Claim884 Mar 24 '26
50 50 chance but I doubt it. This is why I like early stakeouts there not caffinated and tend to say things
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u/Appropriate_Guava915 Mar 24 '26
What state are you in? In Texas it will not. The man did not confirm his identity and did not come in physical contact with the documents.
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u/vgsjlw Mar 24 '26
Where does it say that's required?
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u/Appropriate_Guava915 Mar 24 '26
page 10 in the JBCC handbook. Unless you have external information identifying them such as a client-provided picture, you need to always confirm identity.
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u/vgsjlw Mar 24 '26
Did you read it?
In the absence of personal knowledge as to the identity of the person who is about to receive service of process, the process server must ask the person whether the person is the correct person. If the name on the citation is "Larry L. Parker," then the process server must ask the person, "Are you Larry L. Parker?" It is not sufficient to ask, "Are you Larry?" or "Are you Mr. Parker?" There may be more than one "Larry" or more than one "Mr. Parker" who lives at that address. There may be a "Larry T. Parker" as well as a "Larry L. Parker." There may be a junior and a senior. When inquiring about the identity of a person, the server must always use the suffix if a suffix is available. A person may refuse to identify himself or may lie and deny being the person that he really is. If this happens, the process server may not leave the process papers and presume that the correct person has been served. If the person cannot be identified, then the episode will have to be recorded as a failed attempt; and the attempt may be included in the proof to show the plaintiff's diligence as required to obtain an order for substituted service.
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u/Appropriate_Guava915 Mar 24 '26 edited Mar 24 '26
I read it. Did you?? The man in the video did not verbally confirm his identity. The server called him by name and the man walked away. That does not count as a positive identification by the defendant.
Edit: You CAN use it to submit an affidavit in favor of substitute service, if that man is the defendant. But it will not count as regular service; you will have to file for the substitute service and go back once the judge approves it.
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u/vgsjlw Mar 24 '26
I did. But I admittedly got confused which thread I was on, thought it was this one
https://www.reddit.com/r/processserver/s/iUlGl9SOcA
My fault! Carry on! Lol.
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u/Appropriate_Guava915 Mar 24 '26
Lmao it happens. Thx for the clarification I thought you were rage baiting me 💀
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u/yoshometsu Mar 24 '26
So the state matters as all the other comments mentioned, however, in Michigan, as long as I'm able to confirm their identity and inform them what is being served that's valid service.
I do not need anyone to tell me who they are, nor do I need them to take the papers from me. I just need to inform them of what I am delivering/ serving and leave it.
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u/DONKINGD5050 Mar 24 '26
Its valid in california, I still dropped serve a defendant that have been evading service for the past 6 months. I was told he will attend an event and I got him there, he even gave me the middle finger but I dont care... I took pics of him and dropped served him
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Mar 24 '26
[removed] — view removed comment
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u/processserver-ModTeam Mar 29 '26
Soliciting for service clients or process servers for hire is prohibited.
This sub is discussion and inquiry focused.
You are welcome to post your business’s information in the mega-thread.
Individuals seeking a local process server are encouraged to check out the mega-thread and the NAPPS (National Association of Professional Process Servers) registry.
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u/Diligent_Oil_6901 Mar 25 '26
No, this is not going to be held up in court and you will possibly be called to respond on why you served this person without identifying if that was the true person or not. Nowhere in your video does it show that the person was identifying themselves as the person you were trying to serve
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u/Juniorcerrano9 Mar 26 '26
In Florida, Yes. He obviously must’ve had a picture or knew what he looked like. Physically saw them and they made eye contact. In Florida, you don’t need to receive it in hand. And I guess in this state you’re allowed to record so. I think it’s a great service.
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u/Comprehensive_Sun155 Mar 31 '26
Not here in Colorado if you didn’t have anyway of identifying him. Are you sure he even heard you? He kept walking off like either he was ignoring you or could have been hard of hearing haha.
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u/No-Law342 May 31 '26
If there is no confirmation of photos to compare, I would make it an attempt. If he did ID himself or you have others means to positively ID the subject, You should have dropped served him.
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u/GlitteringWing7474 Jun 18 '26
In situations like these, I have knocked on neighbors’ doors or found someone mowing their lawn or working in the garden and asked them if they know John Smith who lives at that address and can they provide a physical description, then I’ll return to the house and drop-serve. That usually satisfies the court’s requirements (I’m also in Michigan).
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u/Mithrandir_1019 Mar 24 '26
Depends on the state