Legal Question in Civil Litigation in Rhode Island
I am trying to serve papers in a small claims matter, but the defendant is intentionally evasive. I have obtained permission to serve via certified mail instead, but the defendant simply avoided the mail carrier. Not "refusing" the package, USPS just says "Notice Left (No Authorized Recipient Available)". Now the papers have been returned to me by the post office.
When I tried calling Providence District Court, the clerk I spoke with said this doesn't constitute a good serve, but him "refusing" the package would?
I have the defendant's signature on paperwork confirming this is his address. USPS left notice at his address and then gave him 3 weeks to pick up the package. How can this possibly NOT constitute refusing the package? Was this a good serve or not? Either way, what do I do next?
1 Answer from Attorneys
This is a very typical situation. Leaving notices does not mean that the defendant received the notices. Perhaps, for example, he's away on vacation or in a hospital. The court is looking for proof that he received the notice. That's why a constable's signature works best. There is no law requiring a person to accept a certified letter. I advise my clients to reject them, After all, when does a certified letter contain money as opposed to bad news? You have sufficient proof now that he is ducking service. Generally, you need an affidavit from the constable that he tried, but this defendant avoided him and a showing from the USPS that you tried by certified mail and he refuses to accept it. Motion the court for yet another form of service. This time the judge usually allows the constable to go there and tack the summons and complaint on the defendant's door. The court will then be satisfied that he received this form of service, although there is no actual proof. Good luck
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