Legal Question in Real Estate Law in Delaware

Is it legal for town manager to deliver building code violation to a violators place of employment?


Asked on 12/04/09, 3:58 pm

1 Answer from Attorneys

Brian F. Funk, Esq. Frederick K. Funk, LLP

Typically, a Plaintiff (in this case the town) is permitted to serve a defendant where he or she may be found; however, there are exceptions to this rule under federal and state laws. Generally speaking, government officials, sheriffs, and court officers who handle official "service" of the process are permitted to serve lawsuits on defendants at work.

Interesting, but not on point since this doesn't appear to have anything to do with a debt, the federal statutes on debt collection restrict what a debtor can say say or communicate while serving it (i.e. a creditor wouldn't be able to talk to your employer about the case). However, most of the laws exempt goverment agencies and officials from the federal statutes debt collection statutes provided they act within their job scope.

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Answered on 12/09/09, 4:13 pm


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