I (19M) work part-time as a process server (handing people papers they’re being sued). I work at night when most people are home. A while back I was serving papers for a civil lawsuit (unpaid credit card debt). When I went to serve this guy, things escalated fast.
As soon as he realized why I was there, he started yelling and screaming at me. He came toward me aggressively and backed me into the road. I did yell back at him and insulted him too, but honestly I was scared. He was cursing at me, telling me he was going to “beat my ass,” and came on me. He never made physical contact, but where I live, physical contact isn’t required for an assault charge if someone intentionally puts you in reasonable fear of being hurt. I genuinely believed he was about to attack me. Afterward, I filed criminal charges for assault. The state prosecutor reviewed it and decided to take it to trial, and they also added a disorderly conduct charge.
At trial, he was his own lawyer and testified that he was staying with his ex-wife, had kids inside sleeping, and that the lawsuit I was serving was because he’d fallen on hard times financially. He said a strange man came to his house late at night (it was like 10:30pm), he didn’t know who I was, and he was scared for his kids.
In the end, he was found not guilty on both charges due to technical readings of the law (this was a bench trial) not because the judge fully accepted his version of events. The prosecutor felt the disorderly conduct charge, at least, should have resulted in a guilty verdict and that this judge didn’t know what she was doing.
Here’s where I’m conflicted. Even though the case happened the way it did, I feel terrible. Hearing his testimony made me realize he may have genuinely been scared too, and I didn’t really consider that at the time. AITA for charging him?
Edit: Thanks for all the comments so far. A lot of people are wondering why I was knocking on his door at 10:30 PM. This is actually pretty typical for my job. I often serve papers as late as 11 PM, and most people don’t seem to mind. I personally don’t go to sleep until around 2 AM, so it doesn’t feel late for me. I’ve been doing this for a while and have never had an issue like this before.
NTA you were doing your job. And he can’t possibly have actually been concerned about the kids or he wouldn’t have been screaming at you. He would have shut the door in your face and called the police himself about a strange man at the door. His story is a BS sob story to make the judge feel sorry for him and it worked.
Bro it was 10:30 at night wtf, that very late.
NTA but 10:30pm is a pretty insane time to serve papers.
I don’t know anything about process serving and the rules to give you an informed verdict. I think you should also consider posting this at a different subreddit where people have the legal knowledge knowledge to give you informed insight on your situation. Best of luck!
Edit: Try r/processserver
Am i the asshole is not a practical or legal question. Those might be useful subs for OP, but he wanted to know if he was an asshole not if it was legal or smart to do what he did.
NTA. If somebody knocks at 1:00am. I’m looking out and it answering. Opening the door and flying off the handle is absolutely unhinged. Wtf is wrong with people that rage is a reasonable response to *door knocking*? Either answer like a normal if slightly annoyed person or call the cops if they persist or behave suspiciously?
You have a shitty job for you and the general public, but there is no reason for someone to get violent with you.
YTA
You shouldn’t be in that line of work if you feel threatened easily.
Where are you located that it is acceptable to serve papers at such a late hour? Surely there are restrictions around the hours of service?
Oh and YTA for reporting this to the police. He yelled, you yelled and no one was hurt.
I have nothing good to say about process servers.
YTA. Don’t most county and states have a time limit for serving someone, like 8 pm. 10:30 is really late and dangerous.
ESH, you need to check your state laws on the hours that you can legally serve people. Some states have cutoffs around 9 or 10pm.
YTA If you came to my door any time after 9pm I would answer it with a gun in hand. That is very rude/strange behavior on your part.
At what point in proceedings did you identity yourself as working to deliver a writ from a court? You say he started shouting after he “realised”, not after “he was informed”. If you never formally identified yourself I can understand why that would make someone exact in the way they did, especially as you shouted and insulted him back.
Not saying it’s right, but as an impulsive reaction I understand it.