Processor looking to serve me papers...

[A930Rocket]

I've heard through the grapevine that several of my friends were deposed on a lawsuit against a builder we used to work for. It's been 9 years since I worked there.

Today, a process server showed up at our main office to serve me papers. My office called and I said they could find me but I wasn't giving my location.

I was the license holder for years for the builder and had a letter of indemnity (so?) that the builder would protect me. They are still in business.

Having never been served papers or sued, what are my options?

Do I need to lawyer up? Call my old company and/or managers to see what's going on or for advice?

[Hugh R]

Not a lawyer, but it seems in the best interest of your former employer for them to provide you with a lawyer.

[Dantilla]

Not enough info.

Do you have any idea of the basis of the lawsuit? You're not being sued, the builder is. A deposition is just the plaintiff gathering all relevant info.
Keep all answers short, to the point. Do not offer any extra info for which they do not specifically ask.

[Dantilla]

Originally Posted by A930Rocket

... Call my old company and/or managers to see what's going on or for advice?

Not a bad idea.

[jyl]

Builder should provide you with your own lawyer, i.e. a lawyer representing you but paid for by them. If they won't pay, then retain your own lawyer.

[GH85Carrera]

If the process server is any good they will find you sooner or later. It is only costing the attorney more money to get you served.

As mentioned above, just let it happen, and answer the questions 100% honest and nothing volunteered. If you have to take off work and will loose income to testify bring a bill for your expenses.

[Christien]

Laws may be different there, but if they can prove you're actively avoiding service, you can eventually be arrested. It would take months and several court dates on their part, but they'll eventually find you. Generally though they'll try to serve you by mail, after a judge grants permission. I've even heard of people being served via facebook. May as well just accept the service.

[john70t]

Originally Posted by A930Rocket

I was the license holder for years for the builder

That might indicate they are going after the builder's insurance or yours.
Whichever is more collectable.
It is common to list all parties involved as defendants, and narrow it down later.

It's a possibility that personal legal council will be necessary.

[john70t]

Originally Posted by Christien

Laws may be different there, but if they can prove you're actively avoiding service, you can eventually be arrested.

Yes.
Private, professional, or sheriff's affidavit.
Some/many areas may even accept advertisement in newspapers or local BAR assoc journalettes as 'proof of service'.

Judgement happens later in absentee.

[MRM]

They are probably trying to serve you with a subpoena to appear for a deposition. First thing you should do is call your old company and see what is going on. They should be able to put you in touch with the attorney handling the case for them. The outcome of that discussion will decide whether you need your own lawyer or if the company's lawyer can handle it. Also, call your insurance company, if you still have a commercial insurance policy that covers you. They might provide you with an attorney.

You can't avoid service indefinitely and it will bother you as you wait for it to happen. You might as well get it out of the way.

[Gogar]

Do you benefit in any way from "not being served?" Can they not schedule a deposition or case until you are served?

I'm just asking, don't know anything about how it works.

If there is no real benefit to avoiding the service, then I'd say let it happen to find out what it really is as soon as possible.

[1990C4S]

Hire a lawyer. He/she will arrange to have the papers served.

Avoiding service is not a long term plan.

Do not reply on someone paid by a third party to represent your interests.

[legion]

When I sued a realtor a few years ago, the fact that he avoided process service just made me more aggressive. Every dime he cost me by avoiding service I recouped. I ended up going from certified mail, to paying the county sheriff, to hiring a private process server. The cost of each was simply added on to the total for the settlement he was avoiding paying. When he defaulted on his payment schedule, I did not hesitate to pay the fees for a bench warrant--which were added to the cost of the settlement.

It doesn't sound like they are suing you here as much as deposing you. If that's the case, I don't see any benefit in avoiding service. The attorneys involved may get more aggressive if they get sick of you, and you may find yourself compelled to give a deposition at a time inconvenient to you, rather than having them work around your schedule.

Now, if you think you may be liable, my advice is to quit your job (they know where you work), buy a different car, dye your hair, and start your life on the run.

[Gogar]

Originally Posted by 1990C4S

Hire a lawyer. He/she will arrange to have the papers served.

How does that work when no one really knows who's trying to serve him yet?

Thanks

[Tobra]

Do not rely on someone paid by a third party to represent your interests.

This, if you need a lawyer, you need your own lawyer. They should pay for it, but you should be the one hiring the lawyer.

Call the builder. If you were the "license holder," you could very well be named in the suit, rather than just called to testify in a deposition.

[varmint]

Originally Posted by Hugh R

Not a lawyer, but it seems in the best interest of your former employer for them to provide you with a lawyer.

get your own lawyer.

in situations like this someone gets sacrificed. a lawyer provided by your ex employer may not put your interests first.

[LEAKYSEALS951]

I'd make myself available to receive the papers-receive them, read them, and figure out what is going on, and then make decision to lawyer up accordingly. Until you see what they are claiming, you have no idea what is going on. Although at very least- it might be nice to have someone talk you through the process. Hopefully just deposition/discovery and you will not be even implicated. If it looks like you have potential exposure/ risk-then lawyer up.

[A930Rocket]

The builder I worked for was a large privately held home builder in the southeast. I last worked there in late 2007. I've heard the company was sold to investors and then to Pulte Homes in the past year or so.

Before I accepted papers, I wanted to gather up information and talk to others that were served. I've got his number to call.

Mistake one was not having commercial insurance. At the time, my thought was that the company would protect me as I work there 10 years when I became the building license holder. Now I know better.

[Arizona_928]

I think you're gonna have to start growing out a beard until you have done you're due diligence.

[1990C4S]

Originally Posted by Gogar

How does that work when no one really knows who's trying to serve him yet?

Thanks

He can easily find out, his friends were served...your lawyer sends the lawyer(s) a fax 'I represent Mr. X, any documents for him can be served at my office'.