mimsey borogrove
Well-known member
"Plaintiffs’ diligent efforts to serve Miscavige have been ongoing and persistent since the issuance of the Summons until the filing of this motion. Plaintiffs’ efforts include hiring three process servers across two states. Plaintiffs first personal service attempt was on May 31, just days after the Summons was issued. As of July 28, 2022, the process servers have made thirteen separate personal service attempts at multiple locations in Florida and California from May through July. "
More at Tony Ortega's email if you have signed up for it. This is an interesting scenario - he has instructed his minions not to accept service, including his lawyers:
"Plaintiffs’ efforts also include asking defense counsel for information regarding Miscavige’s whereabouts. But defense counsel, like the Scientology security guards, refuse to provide any information on Miscavige’s whereabouts or contact details. On May 17, 2022, Plaintiffs requested from RTC Counsel Christopher Oprison an address to serve a summons or deliver a waiver package to Miscavige, who is RTC’s Chairman of the Board. Mr. Oprison replied that his “firm represents RTC only, not Mr. Miscavige in his individual capacity. RTC would not be authorized to provide this information in any event. . . . I do not speak for Mr. Miscavige personally, only RTC, but submit that Plaintiffs should dismiss him from this lawsuit forthwith.”
As yet the judge has not authorized alternative service:
Alternative Service
If an individual manages to avoid process servers to the extent that they are completely unable to serve the papers in a timely or proper manner, there are still some ways that you can move your case forward. Alternative methods of service exist for cases in which the individual to be served cannot be located or served for whatever reason. A judge must approve alternative service, as well as the method of service. The most common alternative method of service is publication in a local newspaper.
In these situations, there can be significant legal ramifications for the person who avoided the process server. If they do not read the newspaper or if they do not see the notice of service through alternative means approved by the judge, the case will still move forward. Except in these situations, the individual will not know when court is taking place so that they can defend themselves. Often these situations end in default judgments.
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It makes me wonder - if Miscavage evades service, ignores the alternative service - what liability does he face? If he is found guilty of the charges, how can the plaintiffs or the court enforce them? Let's say there's a judgement against him, for say $2.5 million - how are they going to collect it from him if he continues to evade? They can't get the church to pay his judgement based on the council's statement above.
It seems he (as did Hubbard) skates as long as he can put the SO and OSA between him and the long arm of the law.
Or am I wrong?
Mmsey
More at Tony Ortega's email if you have signed up for it. This is an interesting scenario - he has instructed his minions not to accept service, including his lawyers:
"Plaintiffs’ efforts also include asking defense counsel for information regarding Miscavige’s whereabouts. But defense counsel, like the Scientology security guards, refuse to provide any information on Miscavige’s whereabouts or contact details. On May 17, 2022, Plaintiffs requested from RTC Counsel Christopher Oprison an address to serve a summons or deliver a waiver package to Miscavige, who is RTC’s Chairman of the Board. Mr. Oprison replied that his “firm represents RTC only, not Mr. Miscavige in his individual capacity. RTC would not be authorized to provide this information in any event. . . . I do not speak for Mr. Miscavige personally, only RTC, but submit that Plaintiffs should dismiss him from this lawsuit forthwith.”
As yet the judge has not authorized alternative service:
Alternative Service
If an individual manages to avoid process servers to the extent that they are completely unable to serve the papers in a timely or proper manner, there are still some ways that you can move your case forward. Alternative methods of service exist for cases in which the individual to be served cannot be located or served for whatever reason. A judge must approve alternative service, as well as the method of service. The most common alternative method of service is publication in a local newspaper.
In these situations, there can be significant legal ramifications for the person who avoided the process server. If they do not read the newspaper or if they do not see the notice of service through alternative means approved by the judge, the case will still move forward. Except in these situations, the individual will not know when court is taking place so that they can defend themselves. Often these situations end in default judgments.
What Happens if You Avoid a Process Server in Florida -
Do you have a legal matter that involves someone who is avoiding being found for the case to move forward? If so, you may be wondering what the consequences are for avoiding a process server in Florida. In actuality, there are no criminal charges that will be filed for avoiding a process server...
www.accurateserveportstlucie.com
It makes me wonder - if Miscavage evades service, ignores the alternative service - what liability does he face? If he is found guilty of the charges, how can the plaintiffs or the court enforce them? Let's say there's a judgement against him, for say $2.5 million - how are they going to collect it from him if he continues to evade? They can't get the church to pay his judgement based on the council's statement above.
It seems he (as did Hubbard) skates as long as he can put the SO and OSA between him and the long arm of the law.
Or am I wrong?
Mmsey
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