Need help! LEOs and others in law enforcement

[Mark J]

OK, so tonight (approx an hour ago: dark out, Sunday night, very quiet neighborhood with nobody outside, etc.) our family is doing our usual stuff with the kids getting ready for bed, wife cleaning up after dinner, me downstairs. The doorbell rings and my wife answers. It's some average looking guy who asks if Jane lives here. My wife responds no. He asks her again, and my wife responds no again, and that he probably has the wrong address. Then he asks her what her name is. Now she starts to freak out and tells him, "Look, you are disturbing our family, and I'm not Jane. You need to leave NOW!)." I manage to see his vehicle leave as I get upstairs. Good enough to get a description, but it's too far away to see the plates.

After he leaves, she's really shook up, the kids are scared, I'm mad as hell that this guy is freaking out my family, etc. We call the police to report it, and they stop by. It ends up that this guy was looking for a former owner/renter of our house, a couple of owners ago, to serve her a summons to appear in court. He left the papers under the front mat. Unfortunately, we didn't see the papers until we had already called the police, or else I may not have asked for them to come out. We will call on Tuesday and try to clear up this matter at the District Court.

So my questions: Doesn't someone serving a warrant/summons have to identify themselves? Don't they need to have some identification or uniform on? Is what he did proper procedure? Do I have to worry that this guy will come back to our house prior to Tuesday? What authority does he have (i.e., how far can he go)? What else should we do beyond call the District Court to stop this harassment?

Thanks very much for any help you can provide!!

- Mark

 

[MORIMOTOM]

So my questions: Doesn't someone serving a warrant/summons have to identify themselves?

a warrant, yes. an arrest/search warrant may only be served by law enforcement and typically requires knock/notice, ie "POLICE DEPARTMENT, SEARCH WARRANT, DEMAND ENTRY!!"

a summons or subpeona may be served by any agent of the court. servers are almost always civilians, and are not required to id themselves, wear a uniform, etc.

if they locate the person they are looking for, that person normally signs a receipt of some sort. the server then has a record of the action taken.

the only similar notices i am aware of that law enforcement serve are eviction notices, and not on all occassions.

Don't they need to have some identification or uniform on? Is what he did proper procedure? Do I have to worry that this guy will come back to our house prior to Tuesday? What authority does he have (i.e., how far can he go)? What else should we do beyond call the District Court to stop this harassment?
Thanks very much for any help you can provide!!

- Mark

most people who are fleeing from a court will not answer the door if the server is uniformed or "official" looking, hence the use of civilians.

once it is established that the person they are looking to serve no longer has any connection to your property, they will stop coming. it would be a waste of time.

he has no authority to enter the household or property beyond areas available to the rest of the public. just like the mailman or garbage man.

unfortunately, it isnt harrassment of any sort. for you and your family, it is a nuisance, but so are jw's that come by to talk about their "message".

 

[AR fan]

Don't worry about it, if he comes back call the police again.
You're not liable for anything, concerning papers served in that manner.

 

[Sevorius]

the guy is just trying to do his job and find this Jane person, I'm sure in his line of work people lie to him about their identity many times a day, so he was naturally suspicious. I imagine that if you calmly explain to him that you and your wife have moved into the house and that there is no longer a Jane living there he will understand. if he bothers you after that then get his information and contact his superior. you wouldn't be angry if UPS knocked on the door looking for an address, so why be angry at him for doing his job? Either way I would definitely tell the wife to come get me next time before opening the door to a strange man, that is a recipe for disaster in this day and age.

edit: on a side note, it was not very professional of him to come after dark. that may be worth reporting to his boss if you are intent on filing a complaint.

 

[Mark J]

Thanks for the replies folks. That clarifies a lot. I just wish he would have told us who he was and/or why he was looking for this Jane. We would have helped him. OTOH, I have to wonder about anyone who can't figure out who lives at our address by doing a simple Google search.

- Mark

 

[Bob W]

We will call on Tuesday and try to clear up this matter at the District Court

I don't think you need to do anything, since you're not "Jane."

If it were me, I'd throw the papers away and forget about it.

 

[MORIMOTOM]

Thanks for the replies folks. That clarifies a lot. I just wish he would have told us who he was and/or why he was looking for this Jane. We would have helped him. OTOH, I have to wonder about anyone who can't figure out who lives at our address by doing a simple Google search.

- Mark

any indication from the server about the reasons for his visit decreases the liklihood he will be able to id the person to be served.

its often difficult finding people who dont want to be found. resources used for locating someone are directly proportional to the reasons for flight. since it is probably a civil matter, the resources used are very likely limited, and only a dmv or similar check will be used to determine last known location.

 

[MORIMOTOM]

I don't think you need to do anything, since you're not "Jane."

If it were me, I'd throw the papers away and forget about it.

this is the best course of action. :thumbup:

 

[Tony G]

I don't think you need to do anything, since you're not "Jane."

If it were me, I'd throw the papers away and forget about it.

If it were me -and I didn't want the guy to show up again- I'd see if I could call someone and get the guy to understand that Jane no longer lives there.

I had a problem with a collections guy that wouldn't stop showing up at my house. And by calling his office I did get rid of him.

.

 

[mwerner]

This gentleman was undoubtedly a "process server" someone who might best be described as being on the fringes of law enforcement.
These guys normally serve subpeonas and such; divorce papers, civil lawsuit filings, that sort of thing.
NOT arrest warrants or search warrants.

These people have a long history of engaging in various sorts of subterfuge, as the people they are trying to "serve" are usually trying desperately to avoid being served.

 

[J.Ziegler]

Hi... I would think that this guy would have to make a sworn or affirmed affidavit to the court that he had served the named party in order that service would be legal and so he would be paid for the delivery if he is working for some agency either Gov't. or private.
I do not know about in the States but up here in Canada if he swore to this type of service he would be committing a criminal offence and it would be the last timethe court ever accepted a sworn document from him.

You should consider contacting the court and advising them of the irregularity. The woman named in the Process could have a warrant issued for failing to attend or if it is a civil matter she may have a judgement made against her.

J. Ziegler (30 plus yrs a L.E.O. 10 in court services and now back on patrol)