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help serving a summons

tacking1tacking1 Member Posts: 3,844
edited May 2006 in General Discussion
A guy owes me 2800 bucks for some treated lumber I sold him to build several decks. He has owed me this money for 18 months.

I am trying to file a claim in small claims (magistrate) court so I can have a judgement filed against him.

The problem is, he cannot be located by the sherriff. His address is a PO Box, the address that we get from the liscense plate on his truck is to a vacant house, his phone is a cell that is billed to the PO Box. We have drivers that see his vehicle from time to time (it has his company name on it) but we can never get the sherrif to him before he moves again.

He will answer and talk to me on the phone, but takes pleasure in letting me know that he is not going to be served.

any suggestions?
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Comments

  • tsavo303tsavo303 Member Posts: 8,913 ✭✭✭
    edited November -1
    how big a town are you in?
    people in related fields, other suppliers?
    neighbors next to house?
    billing info for vacant house is public, look where tax bills go
    common name?
    if not find relatives
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  • fishermanbenfishermanben Member Posts: 15,370
    edited November -1
    private investigator is about my only guess.

    Does he have children in school that he might pick up?

    How big is your community?

    Ben
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  • KaosKaos Member Posts: 346 ✭✭✭
    edited November -1
    Thats a good amount of money, hope you find the dude.
    Question: Can anyone or just the sheriffs have to deliver the summons? because if anyone can a private investigator would probably do.
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  • JamesRKJamesRK Member Posts: 25,670 ✭✭✭
    edited November -1
    The Post Office has his physical address on his registration card for his P. O. Box, but it's probably the same bogus address he used for his vehicle registration. I don't think the Post Office will give it to you, but the sheriff should be able to get it.

    If you want to cause him some problems, turn him in to the DMV and Post Office for using a bogus address.
    The road to hell is paved with COMPROMISE.
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  • tacking1tacking1 Member Posts: 3,844
    edited November -1
    we are a pretty big area...Durham and Chapel Hill NC. I am fixing to go to the tax records now and see if I can find the owner of the house we have on file as his addy.

    A friend suggested having my driver block or barricade him in next time we see his trucxk on a site somewhere but I see this as an opportunity for something bad to happen to my people.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    Most states do not require a sheriff to serve them. Have one of your employee's locate him and just walk up hand it to him and say you have been served. And then have them sign an avidavid saying that they served him. I had to do this with a girl who rearended me about 8 years ago. It is all legal as long as it is not you or your family members that do the serving.
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  • goldeneagle76goldeneagle76 Member Posts: 4,359
    edited November -1
    I'm a Special Process Server here in Delaware, these types of people are a pain. We usually charge about $45/hour to sit somewhere wating for someone. We will, for a fee run out the door if someone spots the person we are looking for. Here is a company that might be able to help you out in the NC area:

    Located in Durham:
    Richard "Rick" Clayton
    Allied Legal Services
    5 Meadhall Ct
    Durham, NC
    919-801-4056
    email: rclaytonpi@yahoo.com

    According to my Process Serving book, a summons in NC must be served by Sheriff or someone authorized by law to serve a summons. The summons can be served on anyone over 18 in his residence or any officer, manager, etc if it is a summons on a company.
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  • Red223Red223 Member Posts: 7,946
    edited November -1
    Did you file a police report?



    North Carolina requires you to have a valid physical address for a drivers license.

    You should get that drivers license address from the cops and use that as an address to send the summons with police reports stating the efforts to serve at the address to an abandonded house he gave you also.

    Here's another guy that had your problem in North Carolina:

    http://www.aoc.state.nc.us/www/public/coa/opinions/2001/001356-1.htm
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  • pclarkpclark Member Posts: 8 ✭✭
    edited November -1
    You may have some right to file aMechanic's and materialmen's liens. Be aware though those sometimes cause the wrong people problems.
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  • hughbetchahughbetcha Member Posts: 7,801 ✭✭✭
    edited November -1
    A professional process server might cost you $50 or a $100 but they will get the job done.

    Otherwise, you can track him down if he's around town, even if he's hiding. The guy has to do buiness with other folks. Check with other suppliers, they might be especially helpful if he's scammed them. He has to be buying his stuff somewhere, even if he's going to the next town.

    Have someone pretending to be a developer leave a message about how they want to meet him to discuss a big project that could make him lots of money.
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  • CHGOTHNDERCHGOTHNDER Member Posts: 8,936 ✭✭✭
    edited November -1
    Have someone call him to do some work and when he shows up....Take it from there.[;)]

    PJ
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  • select-fireselect-fire Member Posts: 69,516 ✭✭✭✭
    edited November -1
    quote:Originally posted by goldeneagle76
    I'm a Special Process Server here in Delaware, these types of people are a pain. We usually charge about $45/hour to sit somewhere wating for someone. We will, for a fee run out the door if someone spots the person we are looking for. Here is a company that might be able to help you out in the NC area:

    Located in Durham:
    Richard "Rick" Clayton
    Allied Legal Services
    5 Meadhall Ct
    Durham, NC
    919-801-4056
    email: rclaytonpi@yahoo.com

    According to my Process Serving book, a summons in NC must be served by Sheriff or someone authorized by law to serve a summons. The summons can be served on anyone over 18 in his residence or any officer, manager, etc if it is a summons on a company.


    Best advice so far. I have a question for the poster. You sold him this lumber. Did he sign a promisary note? Did he stop payment on a check for it? Now here is the problem. When you get him into the court for payment .. Big deal. He will get a Judgement. You will get nothing. Why? When you do a collection on him ( same as in SC ) thru the Sheriff's dept. he will have NO assetts and it will come back to you thru the courts " Nulla Bona " Now what I would do is see if his vehicles are HIS and if any liens are on them. IF he owns them go to you DMV and stick a court ordered lien on them and demand payment.
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  • tacking1tacking1 Member Posts: 3,844
    edited November -1
    quote:Originally posted by CHGOTHNDER
    Have someone call him to do some work and when he shows up....Take it from there.[;)]

    PJ


    any volunteers?

    This is actually the way the deputy seems to want me to go. He got kinda PO'd when he was trying to serve and the guy ducked him.

    Red - not a criminal case yet so no police report

    I have procrastinated too long and lien deadlines are passed.

    I'll let you guys know how it goes...aside from the fact that it is a big chunk of money...I am almost having fun with this!

    pretty soon though, I'll get bored and hire a process server!
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  • fishermanbenfishermanben Member Posts: 15,370
    edited November -1
    quote:Originally posted by tacking1
    quote:Originally posted by CHGOTHNDER
    Have someone call him to do some work and when he shows up....Take it from there.[;)]

    PJ


    any volunteers?



    I'd ask a friend in a neighboring city to do it.[;)]

    Make sure to tell the friend/accomplice to say that it is an "insurance job". That should make him see dollar signs!

    Ben
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  • select-fireselect-fire Member Posts: 69,516 ✭✭✭✭
    edited November -1
    This guy is slick, he will send someone else to quote the jobs..
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  • hughbetchahughbetcha Member Posts: 7,801 ✭✭✭
    edited November -1
    quote:Originally posted by select-fire
    This guy is slick, he will send someone else to quote the jobs..


    Just follow the guy he sends. No doubt they will hook up at some point. Tell whoever he sends that they will be obstructing justice if they dont turn him in. Guys like this make enemies and the enemy of your enemy can be your friend.
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  • Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 40,221 ***** Forums Admin
    edited November -1
    I know this is off topic, but have you considered turning it over to a collection agency? They charge a pretty good percentage alright, but they do all the work too. In Jan 2005 some clown I was hauling logs for shafted me for $9,000.00. About all I could was turn him into collection because the lien filing deadline had come and gone for about half the loads, plus the attorney wanted $1,000.00 to start. The collection agency will get 40% of anything recovered. If it has to go to court they get 50%.
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  • select-fireselect-fire Member Posts: 69,516 ✭✭✭✭
    edited November -1
    Did he sign a promisary note? or an agreement to pay it back?
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  • Jesse1579Jesse1579 Member Posts: 266 ✭✭✭
    edited November -1
    Next time you see his truck just let the air out of his tires. Then he can't go anywhere. If you have to buy a new tire it's still cheaper than the loss you'll take on the lumber. You can just take the plug out of the stem. No big deal to just put it back in and reinflate.
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  • SperrySperry Member Posts: 5,006 ✭✭✭
    edited November -1
    A No-Fault fender-bender in a building materials parking lot is a sure way of getting his attention.
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  • chollagardenschollagardens Member Posts: 4,614 ✭✭✭
    edited November -1
    In some states it is possible to file a lens pendens (probably not the correct spelling) this is a lien on real estate. If a person plans to sue a person and the person owns real estate then they file a lens pendens on all the properties possible. If this guy owes a lot of people you want to be first in line to get paid. Also if you are not the only person that he owes money to and you can find the other people then (at least in the past) it is possible to put him in bankruptcy. Some places allow a person to advertise in the paper for a certain amount of time and consider that being served. If you used the USPS Post Office Box for any reason to do business and he doesnt live at the address then contact the postal inspectors. They have the authority to close his PO Box. Don't be surprised if you are not the only person that has contacted them.

    It has been along time since I have had to deal with stuff like this. I don't know how much the laws have changed (or my memory). You need to check out the laws in your area.
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  • WranglerWrangler Member Posts: 5,788 ✭
    edited November -1
    Try going to the city utilities department and ask the address of where his utilities are hooked up.
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  • HappyNanoqHappyNanoq Member Posts: 12,023
    edited November -1
    Sounds like Mr. Smith and his buddy-ol'-pal Mr.Wesson out to pay a visit..

    I'd go with a Process Server or simply a PI to turn over information to the police on that guy.
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  • hughbetchahughbetcha Member Posts: 7,801 ✭✭✭
    edited November -1
    I think we'd all agree that the only sensible thing to do at this point is to wire a bomb to his truck and just forget the money.
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  • glabrayglabray Member Posts: 679 ✭✭✭✭
    edited November -1
    If he is employed, his place of employment can be identified through his social security number. If you have a friend in the PD or sheriff's office they should be able to track it. If not, one of the paid online location services can do it in a jiffy.
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  • The TinmanThe Tinman Member Posts: 928 ✭✭✭✭
    edited November -1
    If he is licensed and bonded, simply go after his license bond---that's what the bond is for. You can find this information at your local Chamber of Commerce, or your State's professional licensing authority. Here in Washington, that would be our Secretary of the State's office, and while you are on the phone with whatever regulation authority you contact, also ask them for the address of his company's "Registered Agent."
    Here in Washington, a process server can do what's called a "Nail and Mail." You nail a copy of the summons and complaint to the door of the "Vacant House" and mail the summons and complaint to the Registered Agent, and most municipalities will consider that sufficient process. You could also serve the summons and complaint through publication in a local newspaper. This manner of service differs from one municipality to another, but the Court Clerk will know which forms of process service is sufficient.
    Check with your State's Consumer Protection Agency. Many States allow for triple damages for commercial fraud. If he is licensed and bonded in your State, it should not be very expensive to serve process on him.
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  • wanted manwanted man Member Posts: 3,276
    edited November -1
    Tacking,
    There are over 200 bones in the human body, breaking ANY 1 of them is usually painful! Wait until YOU run into this guy, and you will, sooner or later, somewhere, and "remind" him that: he owes you money, :he has another 200 bones not YET broken : the current debt has been accruing interest since___________[;)]
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  • KSUmarksmanKSUmarksman Member Posts: 10,705 ✭✭✭
    edited November -1
    follow the vehicle home (discretely and at a distance)


    sounds like a job for a self-serving scoundrel...what state are you in?
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  • mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    quote:Originally posted by nunn
    Avoiding service of process is a crime in Texas.



    Better put out a warrant to go with the summons.
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  • TxsTxs Member Posts: 17,809 ✭✭✭
    edited November -1
    Have you looked here?

    www.co.durham.nc.us/departments/txad/TaxDB/B/Sel000.cfm

    http://web.co.orange.nc.us/TaxInquiry/index.htm
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  • JgreenJgreen Member Posts: 2,579 ✭✭✭✭✭
    edited November -1
    Forget all that. You need to file a motion for alternate service. This is a motion filed in court that asks the judge to allow you to serve teh defendant in a manner other than required by law. You explain to the judge everything that you did, and that all he has is a PO box. Ask for permission to mail it certified mail and first class mail to the PO box. That way, you get him served and typically, becuase he's going to play the avoidance game, you'll probably end up with a default judgment.
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  • alledanalledan Member Posts: 19,541
    edited November -1
    caltrop.gif





    .
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  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    Many years ago in Alaska a gate on a dump truck released at a stop light and dumped a load of rocks on my business partners new Saab. The trucking company said TS and refused to pay. The Saab was totaled.

    Over the years, certain things kept happening to this companies trucks. Flat ties on job sites and holes in radiators were epidemic. Leaking oil lines to turbo chargers, antifreeze getting into motor oil, fuel filters clogged with mysterious stuff and a rash of inspection stops for lights not working. The cops had a blast writing these trucks up and red tagging them. The number of motors and differentials that the trucks ate put the firm out of business.

    Imagine that.
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  • The TinmanThe Tinman Member Posts: 928 ✭✭✭✭
    edited November -1
    quote:Originally posted by bpost1958
    Over the years, certain things kept happening to this companies trucks. Flat ties on job sites and holes in radiators were epidemic. Leaking oil lines to turbo chargers, antifreeze getting into motor oil, fuel filters clogged with mysterious stuff and a rash of inspection stops for lights not working. The cops had a blast writing these trucks up and red tagging them. The number of motors and differentials that the trucks ate put the firm out of business.
    And for any one of those acts of vandalism, if you get caught, you go to jail---if the damages are over $75, you get charged with a felony. Now-a-days, crap like that can get you charged with domestic terrorism, with enhanced penalties. Would it be worth it for $2800??
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  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    quote:Originally posted by The Tinman
    quote:Originally posted by bpost1958
    Over the years, certain things kept happening to this companies trucks. Flat ties on job sites and holes in radiators were epidemic. Leaking oil lines to turbo chargers, antifreeze getting into motor oil, fuel filters clogged with mysterious stuff and a rash of inspection stops for lights not working. The cops had a blast writing these trucks up and red tagging them. The number of motors and differentials that the trucks ate put the firm out of business.
    And for any one of those acts of vandalism, if you get caught, you go to jail---if the damages are over $75, you get charged with a felony. Now-a-days, crap like that can get you charged with domestic terrorism, with enhanced penalties. Would it be worth it for $2800??


    I did not say a single thing about vandalism, now did I. And it sure was not even close to a time frame that you could call "now-a-days." This was Alsaka, when you were wronged and popped the guy in the mouth the cops were more apt to take the jerk to jail than he was you. Yes, things are different now.

    Sometimes in a world such as ours very mysterious and unaccountable things happen to stuff. The orientials have a saying for it.... If I remember it correctly it goes something like this...
    You miserable SOB's that do bad stuff to folks and refuse to make right might have a great eagle crap in your scrambled eggs."
    Well, anyway; that is the best I can remember how the old Chinese proverb went.
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  • hughbetchahughbetcha Member Posts: 7,801 ✭✭✭
    edited November -1
    bpost is right. Bad things just kind of happen to bad people. Sooner of later they piss off the wrong person, or persons. All that bad karma just comes home to roost.
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