Visitor Question

Fell at a Nail Shop…

Submitted By: Linda (Jackson, Mississippi)

I was getting up from the pedicure bowl at a nail shop and slipped and fell on a wet substance. As soon as I fell the technician begin to wipe up the substance and no one came to help me up. They were not concerned, even though I had some injuries.

I hired a personal injury attorney, however they informed me after many attempts that the defendants refused to be served, telling the process server that they had the wrong person. The business is still in operation. What can be done if the person refuses to be served? There must be a way around this? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Linda,

Under Mississippi Rules of Civil Procedure Article 4 subsection (d), If you have exercised “due diligence” in trying to serve the defendant you can use substitute service.

Under subsection (d) you may be permitted to leave a copy of the lawsuit at the nail salon. In this case it wouldn’t matter if the owner was present to accept service or not. Under subsection (d) you would be able to leave the summons (lawsuit) with the receptionist. The law states:

“If service under sub paragraph (1)(A) of this subdivision cannot be made with reasonable diligence, by leaving a copy of the summons and complaint at the defendant’s usual place of abode with the defendant’s spouse or some other person of the defendant’s family above the age of sixteen years who is willing to receive service, and by thereafter mailing a copy of the summons and complaint (by first class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.”

To review the State of Mississippi’s Rules of Civil Procedure Civil Procedure regarding the service of a summons, see the following document:

http://courts.ms.gov/rules/msrulesofcourt/rules_of_civil_procedure.pdf

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 26, 2013

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