I am dealing with a TCPA case in I live in NC and the Company i am dealing with is in Florida which after i sent my letter of Intent we have emailed back and forth the last email I received from the Lawyer that is representing the company he explained that he would refuse my service of process if I filed. Can he do this? Would I still send the service of Process to him or just the Company I am going after. What iI understood with filling is if the person being sued had an attorney the attorney would accept it on behalf of his client. If I sent it to the Company while they had a attorney this would cause problems for me if I did it this way, or is the what the attorney want me to do to screw the chance I have for going after these violators of the tele consumer Protection Act.

Greetings Ken...
I had a very similar case in Federal Court where not only did the Attorney for the Opposing party refuse my Certified Mailings, he also refused my Physical Service of Process (which he previously permitted when I gave it to his secretary and she signed my 'Certificate of Service'.

I then reported the situation to the Metropolitan BAR... to which they took FOREVER responding...at which point I then referred the Situation to the ODC (Office of Disciplinary Counsel) which they recommended that I imposed Sanctions against the Law-firm for violations.

Ronnie

I agree.

File motion for sanction immediately.
If successful motion for default judgment. Even though, in Federal court, they frown upon defaults.

You need to let the other side know you mean business.

If a lawyer is "in" a case representing his client(s) then he must accept service of process. HOWEVER, we only need proof that service was attempted by a certified process server to suffice in binding him or her ... but use a certified process server when you run into this kind of nonsense.

When you start on case, always use a certified process server it will ensure that the other party is binding to the case.

In New York, a certified green card of the post office does not suffice service of process.

So if the initial service attempt was refused, and then we have to try again with a certified process server but it's the next day by then... a delay could prejudice the party doing the serving.

What about Registered Mail?

Is it true that by law, the recipient is deemed to have received the item as of the red "Registered Mail" postmark? I have yet to figure out how to research that kind of law.