Ramsey County Sheriff/ Service of Legal Actions
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posted by Bob at Tuesday, August 05, 2008
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Tuesday, August 05, 2008
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4 Comments:
I have been using the sheriffs office (Ramsey County) for service of my legal actions.
On at least three occasions I estimate, the service was defective.
Recently, the sheriff deputy attempted service of a county employee where I instructed the sheriffs office to personally serve this individual at her place of employment.
The deputy served the summons and complaint upon a different person who worked there assuming that employee would pass it on.
Minnesota rules of civil procedure 4.03 strictly describes the method and procedure for personal service.
This deputy clearly violated the rule for service (4.03) and when asked to serve this person personally at her place of employment, the deputy gave the documents to someone else and stated on the affidavit that this person was served at her place of abode.
Place of abode means place of residence (home) ( Minnesota Supreme Court Lundgren vs. Green 592 n.w. 2d 888 ).
The sheriff in charge of the service deputys tried at first to convince me that i did not know what I was talking about and told me I should see an attorney.
I told her to look at the rule and supreme court case.
She did that while I waited and returned 15 minutes later and admitted that what their deputys were doing was wrong !
I found a handful of cases in the court of appeals where pro-se litigants lost their cases because Rmsey County Sheriffs screwed up the service.
lets see what happens now.
Jeff Matiatos
Isn't that always the case. Governemnt screws up and blames you. Doesn't anything work any more?
You Lose "frivolous"!
frivolous lawsuits. "without merit”
or lacking merit.
That is there way of scewing the honest person that would try to go pro se!
Or the poor person and middle class people who cannot afford $350.00 an hour for a good lawyer
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