So, remember back in June how I went to court but found out my papers hadn't been served? Yeah, not so much fun. Well, here's what I know so far:
First, I had to reschedule the court date. It is now set for August 25th, giving the servers until July 25th to serve the papers.
Second, I called the process server company and they said that the server had been out there like a bazillion times. I have kept in rather close contact with one of the guys there, and he has been quite helpful. The server thinks that the person is avoiding being served. STUPID! They know it's coming. Why don't they man up and take what's coming to them? DUMB.
Anyway, so ..... the server saw a car and wrote down the plate number. They ran the plates. OH YEAH! They are her plates alright. WOOHOO!
SO, they switched from a man to a woman server. She went up the other day and literally stood on the porch for 40 minutes calling "HELLO?" and ringing the bell. Then she drove around the block, and the porch light was on and the previously open blinds were closed. The good news? If she sees her, all she has to do is say "These are for you." and she can leave the papers on the porch and VOILA! They're served.
I HAVE to have these papers served by next Sunday, or else I have to RE-FILE as per Utah Law. STUPID LAW. BUT, at least we are making progress in this issue. Obviously, she knows she has done something wrong, because if she thought she was innocent she would've just taken the papers and fought it out in court, right? That's what I thought! haha
So, stay tuned for more, but I'm really hoping that they get her next week. I'm going out of town for the 24th (Big state holiday here, ya know) and I don't want to have to worry about it. UGH! I am so frustrated! But, the servers are doing all that they can, so it isn't their fault.
They did tell me that if she refuses to be served they can do what is called due dilligence, and the judge will have to approve an alternate form of service, such as mailing the papers or posting a notice in the Legal Notices section of the newspaper. I'm thinking the newspaper option would be the best, as she has refused mail from me in the past. Plus, all you have to do is post the notice and then she has to go to court and if she doesn't show up I get a default judgment. Oh that would be awesome!
I'm a little nervous to get the bill from the servers. I'm afraid it's going to be crazy expensive, how many times they've been out to BFE where she lives. Oh well! She'll have to pay. It's part of the court costs, ya know, so I'm not too worried.....just as long as they'll send me a bill and not make me pay upfront. That would suck. Unless it's only $50. Then I'll be okay with it. :D
So, that's all I know so far. Stay tuned for further updates!!