A Process server ran up to my moving car almost in an effort to impede me from going forward is this legal?

Asked 11 months ago - San Luis Obispo, CA

A couple of process servers have been trying to contact my son who works out of town most of the week. One of them got nasty so i called the attorney and explained that he works out of town also explained that the PS became across in a harassing manner. i said that i would not put up with it and a no trespassing sign would go up and they would no longer be allowed to knock at my door. They sent a different PS who was across the street smoking. When he saw me backing out he threw his cigarette down grabbed the papers and ran into the street. i could not even get all the way onto the street. He ran up so fast as i sped up to get away from this nut he took pictures of me. Is all this legal

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Dangerous, reckless, legal. And if service was accomplished, you are validly served. If service was not accomplished, be prepared for substitute service to be accomplished. In truth, there is no point to evading service by such stunts as you engaged in here. You can't avoid successful service. One way or another the court will allow you to be served -- by constructive service, substitute service, service by operation of law -- if not in fact. The days when dodging service was worth the trouble or the risk are long gone.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Neil Pedersen

    Contributor Level 20

    Answered . Yes, absolutely. Expect more of it. While is is lawful for you to avoid service, it is equally lawful for a process server to do anything lawful to effect service.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Legal on a public street, sure

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