Miscavage evading service

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
 
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Lee #28

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.

.

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

A Legal Judgement is enforceable upon a Bank.... ( as far as I'm familiar with this )

If they can find out where the Church as some of its money on Account.....then they can show the Judgement to that Bank...

( this works for smaller amounts....don't see why it would be different for larger amounts...)

AOLA in Los Angeles use to have their money in a Japanese Bank in downtown LA.....with only one location .....back in the early 90's, when I was there...
 
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mimsey borogrove

Well-known member
A Legal Judgement is enforceable upon a Bank.... ( as far as I'm familiar with this )

If they can find out where the Church as some of its money on Account.....then they can show the Judgement to that Bank...

( this works for smaller amounts....don't see why it would be different for larger amounts...)

AOLA in Los Angeles use to have their money in a Japanese Bank in downtown LA.....with only one location .....back in the early 90's, when I was there...
Well, I am not sure but I think it depends if it is a civil case or a criminal case - if the Church is guilty of withholding evidence in Danny's case upon Dave's orders, it's a different kettle of fish - that's a legal crime, is it not? The DA is going after Danny's ass, and has the wherewithal to make some serious trouble for him, but in the Valeska case it's civil suit, is it not? If he loses - so what - it's not a felony unless the feds go after him for human trafficking. I think if it looks dire he will whip out his checkbook and make it go away.

I don't think he can buy his way out of the Masterson case though if he's withholding evidence.

The banks can't enforce a judgement against him without knowing his personal bank account, and the church won't pay his judgement, and more likely than not - he will say he's volunteer and makes $50/week.

He's a slippery devil.

Mimsey
 
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mimsey borogrove

Well-known member
Criminal trials are prosecuted by the state, while civil trials involve an individual plaintiff & a defendant. Even though criminal offenses are usually against one person (e.g., a murder, a rape, a theft), they are seen through the eyes of the law as an offense against society or the government.

That’s why crimes are always prosecuted by the state (or more specifically, a government attorney representing the state). For example, if someone kidnapped a child, the government, not the child’s parents, would file charges against the kidnapper.

Civil trials, on the other hand, are brought by regular individuals against other individuals who have wronged them; the individual’s lawyers would file the case against the defendant.

Criminal trials result in convictions or acquittals; civil trials result in damages, or don’t.
Another difference between civil and criminal trials is the outcome, or the punishment. Depending on the crime committed, a criminal trial could result in jail time, fines, and even the death penalty; these consequences are much more serious than those that can result from civil trials. A civil trial usually results in either monetary damages being paid to the plaintiff by the defendant or the defendant’s insurance company. Civil trials can also result in injunctions (orders to not do something).

There's the difference between the two cases - Danny has both civil and criminal cases ongoing against him, whereas the other is a civil suit.

Mimsey

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mimsey borogrove

Well-known member
Lee, I once was talking to a landlord about some work he wanted done on one of his apartments. As we were talking, he was writing down my license plate #. I asked him what he was doing - he said several times in the past workers ran off with the deposit and never did the work. He took them to court, many didn't show, thus they lost. He turned over the license # to the sheriff and they impounded the vehicle and gave him the title.

At one point I was a vw mechanic - the shop I was working for was owned by a crim. He would lose in court. The sheriff would show up to take any money coming in the door to satisfy the judgement. He would sell his business to a crony for a dollar, show the paperwork to the sheriff. The sheriff would climb in his car and leave.

The point being just because you win a judgement, doesn't mean you can collect.

So my boss bought a bulldozer from the city. It was at an auction, he switched tags with another with a blown motor. So he got it super cheap. Took it down the street to a diesel shop for a tune up. Kited a check while his buddy drove it out the back door. A few hours later the boss and his crew of mechanics showed up brandishing big steel wrenches, took my boss outside and roughed him up. He paid.

They didn't need no stinkin' badges...

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mimsey borogrove

Well-known member
In today's email from Tony Ortega. You should read the whole thing, but I have a question /comment. about the line in blue. I will bet they will refuse delivery of the certified mail, which I believe is standard Scientology policy - to not accept certified mail.

If they refuse the letter, what then? How will the secretary of state impose it's will on Miscavage? They will want to depose him first, and if he is a no show, then they tell the court of his dereliction of duty, what can the court do, other than hold him in contempt?

If he refuses to be deposed, doesn't show up in court, and is found guilty of the charges of human trafficking or whatever he's on the hook for, and fined, they may never get a penny from him if the sheriff can't find and lien his bank accounts.

I wonder if he will use the GAT Checkbook technology and make the suit go away?

Mimsey

Court agrees to issue summons for Scientology leader David Miscavige in trafficking lawsuit

(1) service of the summons and First Amended Complaint upon the Secretary of State; (2) mailing notice to Miscavige that Plaintiffs have effectuated substituted service, with copies of the amended summons and the First Amended Complaint; and (3) filing a certification of compliance with the statute’s procedures and return receipts from the U.S. Postal Service. The certification must be filed “on or before the return date of the process or within such time as the court allows . .
 
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HelluvaHoax!

Well-known member
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In today's email from Tony Ortega. You should read the whole thing, but I have a question /comment. about the line in blue. I will bet they will refuse delivery of the certified mail, which I believe is standard Scientology policy - to not accept certified mail. If they refuse the letter, what then? How will the secretary of state impose it's will on Miscavage? They will want to depose him first, and if he is a no show, then they tell the court of his dereliction of duty, what can the court do, other than hold him in contempt? If he refuses to be deposed, doesn't show up in court, and is found guilty of the charges of human trafficking, and fined, they may never get a penny from him if the sheriff can't lien his bank accounts. --snipped--
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I believe you will find the answer you are looking for is contained in a post I made on August 6th that is on another earlier thread with a virtually identical name to this thread (i.e. "SCIENTOLOGY LEADER DAVID MISCAVIGE IS EVADING SERVICE, SAYS THE VALESKA PARIS TEAM")

(HelluvaHoax! posted): .""Fairly soon Miscavige will find himself at -30.0 ("Can't Hide"). Because even if they don't "catch" him in person to perfect service (give him the papers directly) , they will have already built the good faith predicate wherein the judge will allow them to serve the papers by "SUBSTITUTE SERVICE" and if that doesn't work, ultimately by "CONSTRUCTIVE NOTICE" (service via publication, et al ).".

The remedy for a defendant intentionally evading service is "Substitute Service" or even "Constructive Notice". The judge has ruled that sufficient proof of evasion has been presented—and therefore they can serve Miscavige in this "substitute" manner.

I think where you may have a confusion is in the judge's order specific to this:

(excerpt from judge's order): ". . . filing a certification of compliance with the statute’s procedures and return receipts from the U.S. Postal Service."​
A return receipt is the notification mailed back to the sender that it was delivered. This is different than someone having to SIGN a process server's paper-delivery notice, or having to SIGN for a certified mail delivery. (The US Post Office states that: "....a postal receipt sent back to the sender of a piece of insured or registered mail on payment of a special fee that shows to whom and at what time the mail was delivered."). In other words, the sender simply gets a piece of paper from the Post Office (in their daily mail) that confirms that the envelope they mailed to the party was delivered in that party's daily mail.

You probably have seen one of these in your own mail at some point in the past. It is not the same as "CERTIFIED MAIL":


1662992496507.jpeg

Certified mail has a higher bar of compliance, requiring that someone SIGN FOR the delivery. A return receipt merely means the mailman is confirming they delivered it to the mail box on a certain date. That is the only legal requirement the judge in this case vs. Miscavige is requiring due to his previous "disappearing act" to avoid service.

Ergo, Minister Miscavige will be deemed to have been served in the next days ahead no matter where he is hiding.


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HelluvaHoax!

Well-known member
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It's a very funny thing when you think about it. . .

Right now at this very moment, Scientologists around the world are completely unaware that their fearless leader Miscavige has been running away and hiding from multiple civil lawsuits and an upcoming criminal trial (Masterson's case). This is identical to "earlier similar" incidents on Scientology's time track where L. Ron Hubbard ran away and hid from civil law suits and criminal prosecution(s).

However, at the same time Scientologists are completely oblivious to what is happening with their degenerately corrupt spiritual gurus—the same Ideal Scientologists can do a really nice clay demo for you about how OTs are "able" to "confront life" and "spot the source of their problems and make them vanish". They can also clay demo how "hiding" is at -8 on the tone scale.

If you put these Scientologists on an e-meter then can also "F/N" if you ask them whether Miscavige is "total cause over life".

When you are talking to these Scientologists, be very careful to not imply or infer that Minister Miscavige is dramatizing the low tone level of hiding. If they sense you are besmirching the good name of David Miscavige or L. Ron Hubbard they will promptly write a Knowledge Report on you and disconnect from you. This is how OTs "spot the source of their problems" (i.e. you) and make them "vanish". LOL.

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Karen#1

Well-known member
I discuss the essence of the posts above in this video, no more evading service, Federal Judge saw the cat and mouse game and made a ruling

Scientology is approaching critical mass, 2 criminal cases, 3 civil law suits, all next month

 

mimsey borogrove

Well-known member
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It's a very funny thing when you think about it. . .

Right now at this very moment, Scientologists around the world are completely unaware that their fearless leader Miscavige has been running away and hiding from multiple civil lawsuits and an upcoming criminal trial (Masterson's case). This is identical to "earlier similar" incidents on Scientology's time track where L. Ron Hubbard ran away and hid from civil law suits and criminal prosecution(s).

However, at the same time Scientologists are completely oblivious to what is happening with their degenerately corrupt spiritual gurus—the same Ideal Scientologists can do a really nice clay demo for you about how OTs are "able" to "confront life" and "spot the source of their problems and make them vanish". They can also clay demo how "hiding" is at -8 on the tone scale.

If you put these Scientologists on an e-meter then can also "F/N" if you ask them whether Miscavige is "total cause over life".

When you are talking to these Scientologists, be very careful to not imply or infer that Minister Miscavige is dramatizing the low tone level of hiding. If they sense you are besmirching the good name of David Miscavige or L. Ron Hubbard they will promptly write a Knowledge Report on you and disconnect from you. This is how OTs "spot the source of their problems" (i.e. you) and make them "vanish". LOL.
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Fiddle faddle - Miscavage is simply exterior to the wog lawsuits. That he tells his minions not to accept service is simply a mest level dramatization of the higher principal as found in the code of honor: "8. Do not give or receive communication unless you yourself desire it."

What could be more OT than that?

Mimsey
 
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