Service of process can drive me and my clients crazy. Before filing the lawsuit, I am in total control of all aspects of the timing of the case, from the initial review to filing the Complaint.
But, once I file the complaint and send it to be served on the defendant, we are sometimes at the mercy of luck and a little bit of good timing.
Nobody wants to be served with a lawsuit (for obvious reasons), and, until you get them served, they have no responsibility to answer and the case doesn’t move forward.
In many cases, a plaintiff has to employ creative tactics to get the process into the hands of the defendant.
You’ve probably seen this in a movie, where the process server hides in the bushes, hands somebody a piece of paper, and yells “You’ve been served!” as he runs away.
So, yes, I thought about the opening sequence from Pineapple Express, when I read a recent opinion by Davidson County Chancellor Ellen Lyle about an evading defendant and an irritated process server, in Joyce B. Martin v. Devon Lawrence, et. al., Davidson County Chancery Court Case No. 20-1091-III.
In that case, the process server was knocking on the defendant’s door, had confirmed that the defendant was inside the house, and, when the defendant refused to come to the door, attempted service pursuant to Rule 4.04(1) by “plac[ing] the summons and complaint into a clear plastic sleeve and tap[ing] it to the glass front door before leaving the [Defendant’s house].”
(The opinion was silent on whether the process server yelled “You’ve been served!” as he walked away, but I would bet money that he did.)
On these facts, however, Chancellor Lyle found the service ineffective. Rule 4.04(1) provides that if a defendant “evades or attempts to evade service,” then the process server may perfect service of process “by leaving copies thereof at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served.”
Citing this Rule’s plain language—which expressly imposes a requirement that the summons be left “with some person of suitable age and discretion then residing therein”—the Judge found that merely taping the summons to the outside of a home does not meet the statutory requirements, even under these circumstances.
(Note: You can read more analysis of this opinion (and see a full copy) by visiting the Nashville Bar Association’s Trial Court Opinion page, which will be updated soon with more notable decisions.)
In a surprise twist, then, Seth Rogen’s stoner private process server turns out to be a highly effective process server whose work would be approved even by Chancellor Lyle (though she may question other aspects about his…demeanor and tactics).
In each instance in the movie clip he, in fact, personally serves each person. We lawyers can be awful to watch movies with, since we love to nit-pick the accuracy of the Hollywood depictions of the job, but this sequence complies with the law (except the part when he’s driving and using illegal substances).
But, other than that–congratulations to Seth Rogen–this clip could be shown in a first-year Civil Procedure class. Who knew?
Creditors Rights 101 