Former Dcd's Response To Court Papers That Were Served To Him

[melilley]

I had a family who left in December without giving their two week notice. I decided to take them to court for the two weeks, plus late fees and court costs. My dh served the mom a few weeks ago and the dad today.
Well, my husband went to the former dcd's work to serve him. He handed him the papers and the dcd took the papers and said to him "you know, we're just going to file bankruptcy, right?" He said this in front of all of his coworkers! My dh just looked at him and said "congratulations" and walked away.

I can't believe the dcd said that right in front of his coworkers! I have a court date in March and I have a feeling that these former dcp's aren't going to show up in court.

[jenboo]

I had a family who left in December without giving their two week notice. I decided to take them to court for the two weeks, plus late fees and court costs. My dh served the mom a few weeks ago and the dad today.
Well, my husband went to the former dcd's work to serve him. He handed him the papers and the dcd took the papers and said to him "you know, we're just going to file bankruptcy, right?" He said this in front of all of his coworkers! My dh just looked at him and said "congratulations" and walked away.

I can't believe the dcd said that right in front of his coworkers! I have a court date in March and I have a feeling that these former dcp's aren't going to show up in court.

[NightOwl]

My idiot radar just blew up.

[KiddieCahoots]

If they don't show up you may automatically win your case.
You would just have to keep going to each court date the court assigns for a continuance.
I had to do this. On the fourth court date the dcd finally showed up, and was demanded by the judge to pay everything I asked for before leaving the courthouse, or go straight to the county jail until I was paid.

[daycare]

If they don't show up you may automatically win your case.
You would just have to keep going to each court date the court assigns for a continuance.
I had to do this. On the fourth court date the dcd finally showed up, and was demanded by the judge to pay everything I asked for before leaving the courthouse, or go straight to the county jail until I was paid.

Wow really jail??? Jail time for failure to pay.. That's crazy but Glad you got your settlement.

[heyhun77]

You might want to double check your state's rules for process of service. It's supposed to be a party not interested in the claim. I would assume your dh has an interest in your daycare because he benefits from the income so the case "could" get thrown out if they see that on the affidavit of service.

[LysesKids]

You might want to double check your state's rules for process of service. It's supposed to be a party not interested in the claim. I would assume your dh has an interest in your daycare because he benefits from the income so the case "could" get thrown out if they see that on the affidavit of service.

I was going to say the same... as a former process server (14 years in 3 states) I think she just screwed that serve. Even if it is your business, the server cannot be part of any of the suit (or benefit $ wise etc etc), having the husband hand off the papers, yeah, that won't fly with the court

[laundrymom]

Wow really jail??? Jail time for failure to pay.. That's crazy but Glad you got your settlement.

Yes. Bench warrant. After a messy divorce I learned about that one.

[melilley]

You might want to double check your state's rules for process of service. It's supposed to be a party not interested in the claim. I would assume your dh has an interest in your daycare because he benefits from the income so the case "could" get thrown out if they see that on the affidavit of service.

Oh, I did. As long as it's not the party suing, a person who is not named in the suit. My dh isn't a part of this case. I called the court and asked what I had to do for dh to serve them and she told me the steps to take and told me to have him read the rules on serving.