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everforwardyesterday at 10:52 PM2 repliesview on HN

> After telling Ben that the defendant doesn't accept the subpoena (can you even refuse being served like that?)

They can't, and I'm surprised the officer wasn't aware of that. Confirm the person's ID, hand them the papers or sit them somewhere and tell them, they have been served. Process-wise, all that matters is confirmation to the court that the person is aware of and was given possession of the documents. If they don't like it and set them on fire, that's not the court or the server's problem.

I think there's also generally a process for someone avoiding being served. Ie if you can prove they're trying to avoid being served, that is per se evidence that they are aware they are being served and can be considered as served. Iirc, it's not preferred because it's way, way cleaner for the court to have a signed document but they can and will do it.

Legalities aside, this is why you'd normal hire someone to do this. The cops don't want to be involved, and especially so for YouTube drama. Hire someone completely unrelated who can show up, be completely emotionally detached and do the "I'm just trying to do my job, man" schtick. They're also much better for contested servings. If one party says the other got papers and the other denies it, there's a "he said, she said". If you hire a professional who doesn't care about the outcome of the case then it carries a lot more credibility.


Replies

shadefinaleyesterday at 11:06 PM

I didn't mention it in the comment you replied to, but during this whole event including the 4 instances of police, Ben is in a car with a process server he hired to serve the papers. Ben himself stayed on public property the whole time.

The cops even tell Ben to get a process server, and he points out to the cops that yes, he has brought the exact person they described, she's right there in the car with him.

bastardoperatortoday at 1:40 AM

I can't speak for Utah, but I sued a valet for crashing my car in small claims. I was given the option for an additional fee to have the subpoena served by the Los Angeles Sheriffs Department. I think you're better off getting police involved if you can when it comes to serving people. In the case of the video I'm pretty sure he hired a certified process server and the police shut it down.