Are You Served With Legal Documents if You Don't Pick Them Up After Service

My question involves restraining orders in the State of: IL

I had to go to court last week to defend myself over a misdemeanor charge, and as i walked out of the courtroom a sketchy looking dude yells out my name, I turn my head and look, he approaches me and says "these are for you" (holding papers in his hand). I look at him and say "I have no idea what you're talking about", so then he throws the papers on the floor (smack!) and says, "well you've just been served!". I look at him like i sill have no idea what he's talking about and that i am a bit shocked that an adult would throw such a tantrum in a public courthouse. We look at each other, we look at the papers on the floor, I say nothing and just walk away, leave the building and never hear anymore from anyone about these "papers". However, today i find out that its from someone who's trying to serve me with a Order of Protection from another state? Again, i never took the papers or acknowledged who i was to this person (process server). So... was I properly served? do you think the other state's court/judge will say this is sufficient process of service? aka, (throwing papers on the ground) ...or no?

:confused:

I would expect that the court will find that it's not a game of tag, and that your choice to leave the documents on the floor after service is on you.

You chose not to tell us if you are talking about the service of an order issued out of Illinois, or service of an order from a different state that was effected on you in Illinois. Laws and court procedures vary by state.

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Quoting Mr. Knowitall

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I would expect that the court will find that it's not a game of tag, and that your choice to leave the documents on the floor after service is on you.

You chose not to tell us if you are talking about the service of an order issued out of Illinois, or service of an order from a different state that was effected on you in Illinois. Laws and court procedures vary by state.

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I reside in IL. the Order of Protection/Restraning Order was coming from the State of CAL.

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Quoting TOMMY71

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I reside in IL. the Order of Protection/Restraning Order was coming from the State of CAL.

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I suggest that you somehow get yourself a copy of the restraining order and obey it.

If you don't obey it you'll be arguing proper process service from a jail cell.

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Quoting adjusterjack

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I suggest that you somehow get yourself a copy of the restraining order and obey it.

If you don't obey it you'll be arguing proper process service from a jail cell.

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says who? to my knowledge IL has no jurisdiction over CAL matters and vice versa. and as long as a felony is not involved, i hardly think anyone is getting extradited. in other words, why would i care what is on those papers since I live in IL. CAL has no jurisdiction over me. Worst case scenario is I have a warrant out for my arrest in the state of CAL, which I don't care seeing as I have no plans to ever go there.

:cool:

You mean you appeared in this courtroom and answered someone else's misdemeanor charge so you were improperly identified by the process server? On the other hand, IL can continue arresting and holding you for three weeks each time they come in contact with you, to see if CA wishes to extradite.:D

You asked a question, whether you were served. You were served. If you have no connection with California and do not travel there then you will be fine because a California court does not have jurisdiction over your conduct if you are physically present and domiciled in Illinois. If you travel to California you might want to heed adjusterjack's advice. He was trying to help you out, your attitude notwithstanding... so if you don't care what the order says, why do you care whether you were served?

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Quoting TOMMY71

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says who? to my knowledge IL has no jurisdiction over CAL matters and vice versa. and as long as a felony is not involved, i hardly think anyone is getting extradited. in other words, why would i care what is on those papers since I live in IL. CAL has no jurisdiction over me. Worst case scenario is I have a warrant out for my arrest in the state of CAL, which I don't care seeing as I have no plans to ever go there.

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Keep in mind that a restraining order issued in one state has full faith and credit in another state (VAWA and 18 U.S. Code § 2265) and I will venture to guess that there is an IL statute that reflects this as well. It is possible that IL can charge you with violating the CA order if CA decides that you have and reports it to the agency of jurisdiction in IL. Whether your local agency would act on it as a violation of IL law, I can't say.

So, you cavalierly disregard the order at your own risk. Best to just leave the party in CA alone.

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Quoting Bubba Jimmy

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You asked a question, whether you were served. You were served. If you have no connection with California and do not travel there then you will be fine because a California court does not have jurisdiction over your conduct if you are physically present and domiciled in Illinois. If you travel to California you might want to heed adjusterjack's advice. He was trying to help you out, your attitude notwithstanding... so if you don't care what the order says, why do you care whether you were served?

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thank you for the honest/genuine answer. again, i don't give 2 flips about Cali. thats the reason why we have jurisdictional laws for all matters. otherwise it would be complete mayhem with everyone suing anyone in any state and the courts can barely handle their own. the law is the law and CAL can't touch me. and the reason behind my flippant attitude? because the person trying to serve me is abusing the system and just trying to get one issued so that I will have trouble doing business in Cal (in the future). and for that reason, they can go pound sand. that's not what R/O's are for. They were introduced to protect battered women/men for real domestic matters, not for someone to abuse just for spite. unfortunately, i dont have the funds or any desire to travel 2000+ miles to defend my self over something so trivial. fyi, this news just came out and THIS is what R/O's are for!! ;) http://www.tmz.com/2014/09/23/sarah-...family-choked/

Yes, you were served. What you choose to do about it is up to you.

You were shown the document and offered a copy which was deposited with you. As far as the State of California is concerned, you were properly served.

The fact that you failed to read the order and instead, chose to abandon it as litter does not relieve you of the obligation to comply with its direction. Should you be charged with contempt for violating the order, you will not be successful in claiming ignorance because you refused to read it.

As a side note, was the RO issued as the result of an matter involving a spouse, a former spouse, the parent of your child, or a person with whom you cohabitate or have cohabitated in the past?

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Quoting L-1

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You were shown the document and offered a copy which was deposited with you. As far as the State of California is concerned, you were properly served.

The fact that you failed to read the order and instead, chose to abandon it as litter does not relieve you of the obligation to comply with its direction. Should you be charged with contempt for violating the order, you will not be successful in claiming ignorance because you refused to read it.

As a side note, was the RO issued as the result of an matter involving a spouse, a former spouse, the parent of your child, or a person with whom you cohabitate or have cohabitated in the past?

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again, and i'll repeat once more... i dont give 2 ships about what the State of Cal or the Courts there or what they think they can do to me. I don't live there so again, they can pound sand. They can't touch me and they never will. And fyi, i don't have to read or take papers from anyone, unless its my County Police. Don't know why you MODS are giving such bad advice. I dont want your advice. I want facts. Please be objective, otherwise this site is useless, i don't need preaching from anyone. I'm a big boy and can do whatever i want. You guys are such sheep around here. scared much of the popo?

:cool:

and fyi,there was no cohabitating going on. i'm not stupid enough to let a woman live with me. heck i wont even lay them here. not worth it.

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Quoting EA1070a

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Yes, you were served. What you choose to do about it is up to you.

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seems very subjective to me. they have no proof that i was served. no video, no nothing. so its their word against mine and the burden of proof is on them. again, they have no proof. now if the county police had served me, that would be a whole different story. ;)

You can rage against the machine all you want, but, you were served. You can always go to court and argue improper service, but the process server will argue that he did, indeed, tell you that you were served and provide you with the papers. And, he will have filed an affidavit to that fact already. The fact that you left them on the floor will be of no concern to anyone. And, as was pointed out, court orders are enforceable in all 50 states and United States territories. So, in spite of what you wish to be true, the order can theoretically be enforced against you. Whether CA will care enough to make an issue out of it is a different story. But, the fact is, that if they choose to, IL will be required to enforce the order even if you don't care that they can.

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Quoting TOMMY71

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says who? to my knowledge IL has no jurisdiction over CAL matters and vice versa. and as long as a felony is not involved, i hardly think anyone is getting extradited. in other words, why would i care what is on those papers since I live in IL. CAL has no jurisdiction over me. Worst case scenario is I have a warrant out for my arrest in the state of CAL, which I don't care seeing as I have no plans to ever go there.

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More accurately,

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Quoting 725 ILCS 5/112A-22.5. Filing of an order of protection issued in another state.

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(a) A person entitled to protection under an order of protection issued by the court of another state, tribe, or United States territory may file a certified copy of the order of protection with the clerk of the court in a judicial circuit in which the person believes that enforcement may be necessary.

(b) The clerk shall:

(1) treat the foreign order of protection in the same manner as a judgment of the circuit court for any county of this State in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act, except that the clerk shall not mail notice of the filing of the foreign order to the respondent named in the order; and

(2) on the same day that a foreign order of protection is filed, file a certified copy of that order with the sheriff or other law enforcement officials charged with maintaining Department of State Police records as set forth in Section 112A-22 of this Act.

(c) Neither residence in this State nor filing of a foreign order of protection shall be required for enforcement of the order by this State. Failure to file the foreign order shall not be an impediment to its treatment in all respects as an Illinois order of protection.

(d) The clerk shall not charge a fee to file a foreign order of protection under this Section.

(e) The sheriff shall inform the Department of State Police as set forth in Section 112A-28 of this Act.

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Quoting 735 ILCS 5/12-652(c).Filing and Status of Foreign Judgments.

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(c) A foreign order of protection issued by the court of another state, tribe, or United States territory is entitled to full faith and credit in this State, is enforceable in the same manner as any order of protection issued by a circuit court for any county of this State, and may be filed with the circuit clerk in any county of this State as provided in Section 222.5 of the Illinois Domestic Violence Act of 1986 or Section 22.5 of the Code of Criminal Procedure of 1963. A foreign order of protection shall not be required to be filed with the circuit clerk to be entitled to full faith and credit in this State.

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I'm curious. In your original post you asked if you were properly served. You received numerous answers, all of which unanimously said yes, that service was proper.

Now you are all bent out of shape, insisting the whole process is meaningless to begin with.

If that's the case, why did you even bother to ask the question?

[QUOTE=TOMMY71;836639] i'm not stupid enough to let a woman live with me. heck i wont even lay them here. not worth it.

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Oh, I don't think anyone will be heartbroken to hear of your oh-so-desperate..life.

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seems very subjective to me. they have no proof that i was served. no video, no nothing. so its their word against mine and the burden of proof is on them. again, they have no proof. now if the county police had served me, that would be a whole different story. ;)

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And that, my friend, is where you'd be dead wrong.

:cool:

Read up on Illinois law re: valid service of process. You are sorely mistaken if you think that only a cop can procure valid service.

And sweets, you think others haven't tried to pull the crap you're pulling? I've served people, and most of them believe that you have to physically take the papers for effective service. WRONG! Nor does any requirement to video or record the service exist.

The process server (licensed or not) is required to fill out and file a proof of service form under penalty of perjury and guess who the court is going to believe? Some shmo screaming improper service (which so many try) or an individual who has to write down the date, time and place of service, as well as a physical description.

I can tell you from experience, the individual who served you will remember you as that jackass who threw a snot bubble fit and refused to take the papers and will likely be able to describe you down to the shoes you were wearing if called upon to testify.

But please, ignore the paperwork. The results will be awesome!

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Quoting EA1070a

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Read up on Illinois law re: valid service of process. You are sorely mistaken if you think that only a cop can procure valid service.

And sweets, you think others haven't tried to pull the crap you're pulling? I've served people, and most of them believe that you have to physically take the papers for effective service. WRONG! Nor does any requirement to video or record the service exist.

The process server (licensed or not) is required to fill out and file a proof of service form under penalty of perjury and guess who the court is going to believe? Some shmo screaming improper service (which so many try) or an individual who has to write down the date, time and place of service, as well as a physical description.

I can tell you from experience, the individual who served you will remember you as that jackass who threw a snot bubble fit and refused to take the papers and will likely be able to describe you down to the shoes you were wearing if called upon to testify.

But please, ignore the paperwork. The results will be awesome!

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first of all, i never "threw a snot bubble fit" the process server did by screaming in the courthouse, loosing their temper and throwing the stack of papers to the floor. I however, kept my cool, i looked at them like they were nutz. i am an adult not a child. and again, i don't have to take any papers. no one can make me. no one can make me do anything. and again, why on earth would i care what someone is trying to do in CAL? they will NEVER get anywhere! they are wasting there time and money!! i keep laughing at all you sheep that actually think this is something i should be worried about. oooooooh i'm so scared! what are you people? cops? no one is going to get extradited over a misdemeanor. no one. can't wait till the next service so i can deny it!

The point is not that you get extradited. The point is that you get arrested and detained for about 3 weeks each time to give CA time to decide if they want to extradite. It does not happen once, it continues to happen each time you come into contact with law enforcement. It is usually just long enough for you to get fired and evicted for non payment of rent.

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Quoting TOMMY71

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first of all, i never "threw a snot bubble fit" the process server did by screaming in the courthouse, loosing their temper and throwing the stack of papers to the floor. I however, kept my cool, i looked at them like they were nutz. i am an adult not a child. and again, i don't have to take any papers. no one can make me. no one can make me do anything.

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You're right. No one can make you accept the fact that you were validly served ... yet, you were.

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and again, why on earth would i care what someone is trying to do in CAL? they will NEVER get anywhere!

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True enough ... provided you do not violate any of the terms of the order. If you are not communicating with this person or otherwise harassing them in a manner prohibited by the order, you are right - this will never be even a potential issue.

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i keep laughing at all you sheep that actually think this is something i should be worried about. oooooooh i'm so scared! what are you people? cops? no one is going to get extradited over a misdemeanor. no one. can't wait till the next service so i can deny it!

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We're all so happy that you're not afraid of being extradited. But, you keep missing the part where IL can enforce the CA order as if it were issued there.

So, follow the conditions of the order, and you will certainly be fine. Violate the order, then you are rolling the dice. Your call. You can either move on with your life and not worry about that woman or the order because you will never deal with her again, or, you can poke the bear and wonder IF you might ever be subject to any penalties.

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Quoting Disagreeable

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The point is not that you get extradited. The point is that you get arrested and detained for about 3 weeks each time to give CA time to decide if they want to extradite. It does not happen once, it continues to happen each time you come into contact with law enforcement. It is usually just long enough for you to get fired and evicted for non payment of rent.

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FIRED? i'm self-employed = you lose there. RENT? I OWN = you lose again. anything else i should be worried about? the way i see it i get free room & board for a few weeks, that aint so bad. plus it gives me street cred. and besides if case you haven't heard... orange is the new black!

:cool:

and IL is not gonna hold me in a cell for 3 weeks to let CAL ponder extradition over a misdemeanor charge. again, i'm not stupid to listen or fear this kind of nonsense kind of talk. :rolleyes:

Initial question asked and answered accurately.

You may move along now. Bye!

Time to stop feeding him so he'll go back to his bridge folks.

Start carrying a jar of petroleum jelly in your pocket and you should be good then.

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Quoting TOMMY71

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FIRED? i'm self-employed = you lose there. RENT? I OWN = you lose again. anything else i should be worried about? the way i see it i get free room & board for a few weeks, that aint so bad. plus it gives me street cred. and besides if case you haven't heard... orange is the new black!

:cool:

and IL is not gonna hold me in a cell for 3 weeks to let CAL ponder extradition over a misdemeanor charge. again, i'm not stupid to listen or fear this kind of nonsense kind of talk. :rolleyes:

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Quoting cdwjava

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You can rage against the machine all you want, but, you were served. You can always go to court and argue improper service, but the process server will argue that he did, indeed, tell you that you were served and provide you with the papers. And, he will have filed an affidavit to that fact already. The fact that you left them on the floor will be of no concern to anyone. And, as was pointed out, court orders are enforceable in all 50 states and United States territories. So, in spite of what you wish to be true, the order can theoretically be enforced against you. Whether CA will care enough to make an issue out of it is a different story. But, the fact is, that if they choose to, IL will be required to enforce the order even if you don't care that they can.

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cdwjava - i would like to personally thank you for being the ONLY intelligent member here. your responses are unbiased, rational and most important impartial. people come here for facts not to be told what to do like an 8 yr old. your morals are yours and mine are mine. nobody wants to be preached at. so amen to cdwjava!

:friendly_wink:

We sometimes get people who act like 8 year olds and think they are smarter than the law. Then they act like smart alecs when they are told why their logic is faulty.

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Quoting TOMMY71

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cdwjava - i would like to personally thank you for being the ONLY intelligent member here. your responses are unbiased, rational and most important impartial. people come here for facts not to be told what to do like an 8 yr old. your morals are yours and mine are mine. nobody wants to be preached at. so amen to cdwjava!

:friendly_wink:

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Quoting Disagreeable

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We sometimes get people who act like 8 year olds and think they are smarter than the law. Then they act like smart alecs when they are told why their logic is faulty.

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I'm NOT smarter than the law... just above it, cause i'm gangsta like that. :cool:

Congratulations on being a legend in your own mind.:wallbang:

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Quoting TOMMY71

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I'm NOT smarter than the law... just above it, cause i'm gangsta like that. :cool:

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Quoting Disagreeable

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Congratulations on being a legend in your own mind.:wallbang:

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actually not true. this country has gone to complete sh#t. nowadays you're more likely to succeed if you have a sex tape, rap sheet, leaked sex photos, criminal history, etc. as long as your not a pedophile all crime is good PR these days. jailtime is good for celebs/brands ask any PR person. again, orange really is the new black. been that way for years. netflix just took the longest to cash in.

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Quoting TOMMY71

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I'm NOT smarter than the law... just above it, cause i'm gangsta like that. :cool:

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Really ????

I've heard more than a few convicts say something similar ... they were wrong, too.

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Quoting cdwjava

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Really ????

I've heard more than a few convicts say something similar ... they were wrong, too.

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and what most people don't understand is that most convicts want to be convicts. they really don't care. they are true gangsters. not the rappers wearing borrowed jewelry and leased cars.

:friendly_wink:

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Quoting TOMMY71

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I turn my head and look, he approaches me and says "these are for you" (holding papers in his hand). I look at him and say "I have no idea what you're talking about", so then he throws the papers on the floor (smack!) and says, "well you've just been served!". I look at him like i sill have no idea what he's talking about and that i am a bit shocked that an adult would throw such a tantrum in a public courthouse. We look at each other, we look at the papers on the floor, I say nothing and just walk away,

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Since the case was filed in CA and the process server only has to do what is acceptable per CA law...

this was completely good service. You left them on the ground. That's not the moving party's problem.

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Quoting CourtClerk

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Since the case was filed in CA and the process server only has to do what is acceptable per CA law...

this was completely good service. You left them on the ground. That's not the moving party's problem.

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i didn't leave anything on the ground. the process server threw them on the ground, i simply went upon my business. (actually, i think they went back and picked them up, which was their mistake.) ;)

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Quoting TOMMY71

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i didn't leave anything on the ground. the process server threw them on the ground, i simply went upon my business. (actually, i think they went back and picked them up, which was their mistake.) ;)

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Service was still good. Sorry.

There is none so blind as he who will not see.

OP didn't come here to obtain an answer to his question. He came here to troll and argue.

For someone who seems to have a habit of getting into legal jams, I'm sure he'll eventually see the inside of a cell somewhere.

Schadenfreude anyone? LOL

Prove he went back and picked it up. If he's smart, he'll tell the judge he dropped it at your feet and you left it there.

You would be in the ever so popular position of being the person being sued who doesn't want to be served and will lie. Guess who they'll believe EVERY. TIME.

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Quoting CourtClerk

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Prove he went back and picked it up. If he's smart, he'll tell the judge he dropped it at your feet and you left it there.

You would be in the ever so popular position of being the person being sued who doesn't want to be served and will lie. Guess who they'll believe EVERY. TIME.

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doesn't matter who they believe, again, i have home court advantage, therefore i win. anyone stupid enough to cross jurisdictions over legal matters should know the battle they face. there is a reason you always want to sue in your state. you NEVER want to pursue anyone, you ALWAYS want to have jurisdiction AND nail 'em there... otherwise 99% of the time for the plantiff its a complete waste of time and money!

Apparently, they did due in their state. Funny you know so much but you're here asking questions...

CC, what OP seemingly doesn't realize is that failure to appear will result in the issuance of a Restraining Order that will be in place for years. Anyone can pull those records.

The nonsense about insufficient service of process is just that - nonsense that the court will see right through. And should he violate the Terms of the Protective Order? We all know how that will play out.

He also doesn't realize that the moving party could go to the DA and ask them to investigate what led to the issuance of the Protective Order and if it's a DV situation, which can be charged as a wobbler based on the circumstances, he could potentially be facing felony charges in CA.

Sticking your head in the sand due to obstinace or ego is irresponsible. It's always better to face these matters head on.

And from reading through this thread, it isn't too difficult to extrapolate that he has anger issues and is no stranger to the criminal justice system since he was appearing on a misdemeanor criminal charge at the time of service.

BTW, when the process server called your name and you turned around? That action was indeed enough to confirm your identity. When process servers are sent out they also have a full description (in some cases this includes a photograph).

OP picked up the papers when the process server left. It's that simple. One, because he wouldn't have the knowledge he has now. And two, what do you think would have happened if a court employee found them on the floor? They would have been mailed to him.