Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I need to serve a summons today for a civil suit I filed in

Nevada. I have a...
I need to serve a summons today for a civil suit I filed in Nevada. I have a friend over 18 who will do it but the person to serve lives in a gated community. Does the friend of mine need to be licensed as a process server to gain access to the house through the gate or does he just have to show the guard the summons
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
8/14/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Even if your friend was a licensed process server, the guard is not required to let him through the gate. A gated community may legally keep out process servers. The only way that the person would be allowed through is if you got the Constable or Sheriff to serve the document instead.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

If server is refused entry by guard can server leave copy of summons with guard and that be considered good service?


 


NRS 14.090 1A

Yes. That is correct.

You should be wary of using an unlicensed process server in Nevada. It is illegal to be paid to be a process server without a license.

-ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
You understand that your friend will need to file a "return of service" which is a sworn statement to the court, correct?
Ask Your Own Legal Question
Customer reply replied 4 years ago

what is return of serrvice

It's this form: http://www.nevadajudiciary.us/index.php/viewdocumentsandforms/func-startdown/4441/

After your friend serves the guard, your friend will need to fill out this information and file it with the court that the lawsuit is in.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

The form there appears to relate specifically to domestic violence cases - is there another form that would be correct for proving service on a breach of contract civil complaint? Can I simply use the affidavit here in some manner:


 


http://www.clarkcountycourts.us/clerk/Legal_Forms2/PDF%20Pro%20Pers/SUMM%20Civil.pdf


 


I don't see anything specific regarding service to a gate guard on that form, however.


 


One more thing - is there a specific rule allowing service to someone at their place of employment/business?

You can either use the form I sent and write in the "other" section "service of Plaintiff's Complaint" or use the affidavit of service on the other form (I like the one you found better). You will need to write in language about service on the guard and the fact that it is a gated community and the server was not allowed entrance.

You can serve a person at their regular place of business if the person is personally served. But you cannot leave it with the secretary or receptionist unless you are actually suing the business itself.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Thanks for the reply - do you have a specific section of Nevada civil code I could read relating to your reply about service at work?

There is no law stating, "service shall not be made at the person's regular place of business." It is a negative implication from the rule that:

(6) Service Upon Individuals.  In all other cases to the defendant personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

I understand. Quickly back to the other item - regarding the service in the gated community - suppose I've gotten through the gate and to the house, and via intercom a person within the defendant's property (who refuses to identify themself) is talking to me. They refuse to open the door. Can I tell them I am leaving a copy of the summons at the door and this will be considered good service with a signed affidavit explaining the situation? Thanks for all your assistance.

No. This often happens too. If they do that, you have to go back to the court and apply for "substituted service" and get permission to leave it on the door or send it to the Defendant through certified mail.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Through whom do I "apply for substituted service"? The clerk? Or do I need to bring some type of ex parte motion to the judge?

It would be an ex parte motion that you file with the court and request a hearing, a Motion for Substituted Service.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask TexLaw Your Own Question
TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

TexLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
I have domestic violence pending case which has 25 days
i have domestic violence pending case which has 25 days community services at will effect my citizenship process or no? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I got pulled over because of a domestic violence case, I was
I got pulled over because of a domestic violence case, I was the victim but my boyfriend called the cops as he says to calm me down after he strangled me to sleep, the cops saw my alcohol on the table… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I was involved in a domestic violence incident 2 years ago
I was involved in a domestic violence incident 2 years ago in January 17th. I didn't file a report because I was scared. I stayed with him because I thought he could change. That obviously didn't happ… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
My wife file domestic violence against me for hitting her
My wife file domestic violence against me for hitting her yesterday January1, 2018 while I was not at home the whole day and night as I was in my friend house celebrating the New Year eating, drinking… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a complicated question involving domestic violence.
I have a complicated question involving domestic violence … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
My sons partner of 10year filed a domestic violence report
My sons partner of 10year filed a domestic violence report against him he is not allowed to return to his house and she is now throwing all his things out what should he do … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I was arressted for a domestic violence case against my
i was arressted for a domestic violence case against my spouse and spent 3 days jailed and pleaded not guilty today and im out on bond my husband is trying to explain to the DA and court that i acted … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
What is the CA civil code that requires developers/builders
What is the CA civil code that requires developers/builders in an new HOA development to disclose the full copy of CC&Rs? What are the consequences for failure to disclose?Are CC&R specific rules that… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Do HOAs/developers need to follow civil code Civil Code
Do HOAs/developers need to follow civil code Civil Code §4340 in changing the “design guidelines” I know under that code rule changes requires a 30 day prior notice and a 15 day post notice to all own… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was arrested for Battery / Domestic Violence on Sunday. I
I was arrested for Battery / Domestic Violence on Sunday. I spent 24 hours in jail. I want to know how to get these charges dropped. I have no other history at all. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My ex wife has a pending case of domestic violence against
My ex wife has a pending case of domestic violence against her current husband. In addition, he has been charged criminally with assualt with a motor vehicle on her. DCF has visited me to discuss a te… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I have a court hearing for Domestic Violence on Nov 13th,
second opinion] I have a court hearing for Domestic Violence on Nov 13th, today, the defendant tried to serve me with a counter TRO ( as his strategy because I never have any contact with him), if he … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I'm currently filling a domestic violence restraining order
Hi, I'm currently filling a domestic violence restraining order in California against my ex girlfriend. She showed up to my job one day and house the next refusing to leave. I had to call the cops to … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,959 satisfied customers
State of Ohio.. Charge of Domestic Violence. Victim claims
State of Ohio.. Charge of Domestic Violence. Victim claims she, her husband, the defendant and the defendant's boyfriend had a verbal confrontation where defendant called her names and made threats of… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
Domestic violence and have court on this friday in newark
domestic violence and have court on this friday in newark ohio … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
Second opinion] advice on domestic violence, rhode island,
Second opinion] advice on domestic violence JA: What state are you in? It matters because laws vary by location. Customer: rhode island JA: Has anything been filed or reported? Customer: yes JA: Anyth… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x