One experience Process Serving. The following is a true statement of the events of 12/18/06. I walked into the office of __________ to serve a subpoena for records. I know that our staff had encountered difficulty in obtaining these records by consent on medical authorization in time for mediation which they knew was scheduled to occur that Friday. Our office administrator was treated rudely in telephone contacts. The defendant’s attorney in our case wanted to see these records prior to settlement. Because the uncooperative attitude that ____________ office had taken, I was told to get in and serve this subpoena, advise them to call ________ with any questions, and to get out.
Upon entering the office of there were three women sitting in the front near the receptionist station. I asked for the custodian of records and was told that she was not there. I then call the office which I was working for and told them that the custodian was not there. Attorney ____________, one of my bosses, told me to give the subpoena to whomever was in charge of the office. I then informed the reception people that I could give the subpoena to whoever was in charge. then approached the station and told me that she was in charge and would not accept the subpoena. I held it out to her. I placed it on the desk in front of her and told her that she was served. I proceeded out of the office. When I arrived at the door of my automobile about 20 feet away from the office door I saw _________ coming out of the door running at me. Apparently, she had run around the receptionist station. As I already served _________ and she was a huge woman with anger in her eyes, I hurried to get into my automobile to avoid any craziness. I hopped into my seat and proceeded to close my driver side door. Before the door shut _______ got to the car and stuck her arm in my car exactly when I was closing my door preventing it from closing. I certainly did not see her stick her arm in the door nor did I ever suspect any fool would do this. She then forcibly pulled the door open, and stood within the door’s path to close. Unbeknownst to me, she dropped the subpoena in the back seat of my car when she prevented the door from closing. I proceeded to exit my automobile when she would not let me leave, and she would not move out of my way. Upon exiting my automobile _________, would not move back and was standing nose to nose with me with my back to the car. I asked her what she wanted and whether she was going to let me leave. I also told her that she was interfering with the service of the legal process and she was breaking the law. She backed up, and she said “people like you have little dick syndrome.” Then I left. While driving away when escalation was not likely I made a remark to her in response to her insult to me. While regrettable, it certainly was invited and, I believe, not inappropriate. I returned with attorney ___________ and the police. __________ served her and she was rude to him in front of an office full of patients. The whole episode was unbelievable. _______was out of control and down right mean. I though I would have to physically defend myself against a woman over a custodian of records subpoena.
I believe that her conduct violated two Missouri Statutes. I had hoped that charges would be issued against her so that her conduct will not be repeated against other process servers. The first Missouri Statute is 575.160, that states “a person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the service of any process, he interferes with or obstructs such person. “Process” includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court. Interference with legal process is a class B misdemeanor” The second Missouri statute is 575.170, that states “any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process. Refusing to make an employee available for service of process is a class C misdemeanor.”