can cr england revoke a cdl they issued??

Discussion in 'CR England' started by lindag, Apr 10, 2013.

  1. alghazi

    alghazi Road Train Member

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    Alabama certified mail service is effective only where the defendant signs the return receipt. No signature-No service.

    And neither of those rules allows for service of process by just mailing it to the last known address as you originally described.
     
  2. UsualSuspect

    UsualSuspect Road Train Member

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    Show me documentation where it states they have to sign it? I used to clerk for a pool of Judge's, they routinely ruled without signatures, and still do today, but I guess my law school and clerk days were filled with misinformation. If a defendant could get out of their obligations by simply refusing to sign, the courts would be empty.
     
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  3. Skate-Board

    Skate-Board Road Train Member

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    I remember years ago I was at the shop at a construction company my friend worked at. Two people showed up and one said to him, your check came to me by mistake. My buddy took it then they said, you've just been served and witnessed.
     
  4. alghazi

    alghazi Road Train Member

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    Under When Effective. Service is effective from the date of delivery as evidenced by the signature on the return receipt.

    That's how certified mail works. The addressee signs for it or it is returned refused. If the return receipt isn't signed by the defendant or refused, then it was never delivered. See the next paragraph you cited.
     
    Last edited: Nov 9, 2016
    Reason for edit: Additional info
  5. alghazi

    alghazi Road Train Member

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    Seems like a lot of trouble when all they had to do was drop it in the mail then run take a default. Lol
     
  6. TROOPER to TRUCKER

    TROOPER to TRUCKER Prayer Changes Everything

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    I need to be a private eye for some of these companies lol
     
  7. alghazi

    alghazi Road Train Member

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    Some process servers make decent money serving papers on folks that don't want to be served. A lot of former LEO do that type of work.
     
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  8. Skate-Board

    Skate-Board Road Train Member

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    In NH where I live the Sherrif only serves.
     
  9. UsualSuspect

    UsualSuspect Road Train Member

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    Certified just means someone signed for it, does not have to be the person whose name is on there, just someone at the address, note the agent, which can be anyone. There has to be an attempt to serve, and it needs to be documented. I looked in West Law and there appears to be no requirement that the defendant sign they received it, the most restrictive of states, New York, only has a requirement that "reasonable documented attempts to serve, or a refusal to accept service". The failure of Delivery section sums it up, if no one accepts it the case starts moving on. I am still waiting for a Court Case, or law that states a defendant is required to sign. Both states you cited have no requirement to sign as a defendant, the process server has to sign the date\time served or attempted, as well as when they used the US Mail.
     
  10. UsualSuspect

    UsualSuspect Road Train Member

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    Depending on the State you may be able to just walk in the door, or stand at the Clerk's Counter and offer your services. Some states have no training or registration requirements, the only requirement is you are not related to the action or any individuals named in the action. I have a friend I went to law school with that owns a process service company in Nevada, and has done well for himself. He charges a flat rate that is lower than having the Sheriff do it, and if you sign a long term contract with him he will discount it further. He does have employees assaulted, bitten by dogs regularly.
     
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