Blue-backs...

Posted by Lotg (OZ) on September 09, 2004

In Reply to: Blue-backs... posted by Lewis on September 08, 2004

: :
: : : A guy who serves divorce papers adn subpoena "and such"?????

: : : such as ...?

: : : thank you

: : He is a process server. In America -- I'm not sure about elsewhere-- many legal documents must be placed directly in the hands of the concerned party. These documents are often called "blue-backs" because the last page is blue. If you see much american television, you will notice all the blue-backs being passed from process servers to attorneys. Such as motions, writs, and legal notices.

: 'Personal service' is the subject of quite a few myths - it is not necessary to touch somebody either directly or with the papers. all the process server must do is to draw attention to them and leave them.

: I knew a guy who got a bit carried away - he fancied himself as the right kind of person to be a process-server and he tagged along when the process server wanted to look 'protected' - he was serving papers evicting some drug-dealers.
: they arrived and the dealer opened the door - the process server said 'these are for you' and left them on the hall table - job done.
: the dealer makes a remark, so the wannabe grabs the papers from the hall table - grabs the dealer and rams him up against the wall one-handed and
: with the other hand rams the papers inside the guy's shirt: "You're served...!" I don't remember how exactly he described the dealer, but it wasn't complimentary and may have described an inappropriate relationship between the dealer and his female parent.
: Point is - leaving the papers was enough - the rest was just entertainment.

I may be wrong, cos I'm pleased to say it's not something that happens to me often - hehe, but I'm pretty sure in Australia the process server does have to actually serve someone. eg. a husband, wife, flatmate, etc. will do, but I'm pretty sure they can't just 'leave it'. They have to be able to state that they actually handed it to someone. Otherwise, I think if it went to court, the intended recipient could simply deny ever having received it or seen it - eg. it could be blown away in the wind.

• Blue-backs... Lewis 09/September/04