Legal question, but not related to metal detecting.

[FreeBirdTim]

Went to the store last night and returned to find a note on my porch door. It was from a constable looking to serve some legal papers to my girlfriend. My guess would be over the $2,500 debt she has with Paypal. But as many of you know, she died last November, so they're not on the ball. I called the number he left and told him that fact. He thanked me and stated he would just return the legal papers to the attorney who hired him. Paypal will have to put a lien on the property, since I'm not paying the bill.

Now here's the legal question. I have an enclosed porch that goes the length of the house with a heavy steel outside door. I didn't lock it, since I was going to be back in 10 minutes or so. The constable arrived during the heavy rain, so he decided he didn't want to leave the note on my door. He opened my door, walked onto my porch and left the note on my inside door, which leads to my bedroom. He must have opened my inside door as well, since the note was wedged between the door and the jamb. I was shocked when I found the note inside my home! Do you think he had the right to try my outside door, open it and enter my enclosed porch? Seems illegal to me and I'm not happy about it at all. Let me know your opinion and what I should do about it.

 

[AU Seeker]

This is what Google AI has to say.

But since you already removed the note/document from where he placed it in your door you may have already destroyed your only evidence and have no way to prove he trespassed!!

Unless you have cameras, do you have any cameras??

Also AI misunderstood about your "bedroom door" thinking he actually entered your house to get to an interior bedroom door, but still he trespassed just coming on your porch.

"Opening your outer door and entering your home without permission is generally considered illegal trespassing. [1, 2]
While certified constables and process servers in Rhode Island have a limited legal privilege to enter a person's private property (like walking up a driveway or onto an open front porch) to attempt to deliver court documents, that privilege does not give them the right to open closed doors or break the threshold into a home. [1, 2, 3, 4, 5]

Why the Constable Overstepped

• Enclosed vs. Open Spaces: An enclosed porch with a heavy steel outside door is part of the home's protected structure. Legally, opening that outer door without permission is no different than opening a front door. [1, 2]
• No Forced Entry Allowed: Process servers are not law enforcement officers executing a search warrant. They are strictly prohibited from using force, opening closed or locked structures, or entering an individual's actual dwelling unit without consent. [1, 2, 3]
• Opening the Inside Door: Wedging a note inside the jamb of the inner bedroom door indicates the constable breached multiple interior areas of the home, which is a severe violation of privacy and standard civil process rules. [1, 2, 3]

What You Should Do About It

• File a Complaint: In Rhode Island, certified constables are licensed and regulated by the Rhode Island Department of Business Regulation (DBR) Constables Board. You can file a formal complaint with them regarding the constable's misconduct and unlawful entry. [1, 2]
• Contact Local Police: You can file a report for criminal trespassing or unlawful entry with your local police department to document the incident officially. [1, 2]
• Preserve Evidence: Keep the note exactly as it was found, take photos of how it was wedged in your bedroom door, and review any security or doorbell camera footage that may have captured the constable opening your steel door."

 

[ncsuwolf]

not a lawyer….but my question is, why does it matter? I try to always assume people are coming from a position of good. You left the door unlocked. Perhaps he thought it would get wet/blown away on the porch, so he stuck it in the unlocked interior door jamb? In his position I likely would have done the same and not thought twice about it.

Regardless (sorry about your gf passing) the bill is not yours. They have a certain time to file against an estate, otherwise PayPal just ate that bill.

 

[FreeBirdTim]

If he didn't want the note to get wet, he should have put it in a plastic bag and hung it on the doorknob. And if someone wasn't home, I would never think to try the doorknob! I think that's what bothered me the most. He should have assumed it was locked and I wasn't home. My take is he came onto my porch and then starting knocking on my interior door. He then cracked the door open to see if anyone was around. Can you imagine how scared my GF would have been if she was home and asleep? Totally unacceptable. That's not serving papers, that's harassment.

 

[FreeBirdTim]

AU Seeker, no camera. Thanks for your research. Also, the front of my house doesn't have an outdoor light and my porch light was off, so it was very dark when he came into my home. That's a bad idea in my town, which is full of gun owners ready to protect their property against intruders.

 

[DizzyDigger]

My guess would be over the $2,500 debt she has with Paypal. But as many of you know, she died last November, so they're not on the ball.

You were not married, therefore you have no responsibility for her debts. I don't see
that they've got any standing to pursue you for the debt. A cheap lawyer should be
able to solve this for you for $50 and five minutes.

 

[russau]

I can't answer your question on the trespass part BUT the big question is , did your GF have a loan/ rent against the property or was she considered a "Common Law Wife" by the states records ?

 

[robertk]

Two observations:

1) You are not liable for your girlfriend's debt, if you were not married. Paypal would have no standing to even pursue you for it.

2) The officer walking to your door and knocking is not trespassing. Opening your door is probably not either. Entering your house would be, but would be impossible to prove, and unlikely to stick even if you could prove it if all he did was leave a note. I don't think entering an enclosed porch counts, since that's not the door he would normally knock on.

As for the note being between the door and the jamb, are you sure he didn't just stick it there without opening the door? My gas company leaves their bill stuck between the door and the jamb all the time, and if they push it hard enough it sometimes manages to stick through on the inside, even though they didn't open the door. I have seen it happen as I was walking to the door. Just a thought.

 

[ToddsPoint]

Cops violate people’s right with impunity because they are sovereign citizens and are seldom held accountable. Qualified immunity! In your case, I don’t think you could do much about it. If he searched your house that would be different. Keep your doors locked and it never would have happened.

 

[pepperj]

First off condolences to you Tim in your loss.

The walking in the porch part, is over stepping of somebody that doesn't know their boundaries.

The inner door is a hard one to actually say if he did opened it, or just pushed it in the crack of the door jam.
(Try it yourself to see if you can slide it in)

For the debt: You are not responsible for any of her debts.

If there was a will: Then the debt can be collected off the estate for the total amount, or to the total worth of the estate.
The debt holder cannot pursue any financial compensation from you personally.

$2500 is a debt, but isn't a lot of money. It seems if the debt holder passed it along to an ambulance chaser debt collector it's just one of those aggravating things in life like a $hit fly.

 

[FreeBirdTim]

Thanks for the input, guys. I guess I should just let it go. He was very polite on the phone and did seem sorry that he contacted me.

As for the debt, the property was in her name and her two sons. She always wanted to add me to the deed, but don't think she ever got around to it. I'm not on speaking terms with her kids, so I don't know when or if it will go to probate. Right now, I'm in limbo. Not paying rent, but I do maintain the property and pay all the utilities. Paypal can put a lien on the property and wait it out, I guess. I have my own Paypal business account, so I'm not tied into her debt. We were domestic partners, but kept our finances separate.

 

[FreeBirdTim]

First off condolences to you Tim in your loss.

Thank you, pepperj...

 

[3RDLIFE]

Drag this out every way you can without spending your money. Hopefully you can cost them a few bucks for the invasion of privacy.

 

[pepperj]

Thanks for the input, guys. I guess I should just let it go. He was very polite on the phone and did seem sorry that he contacted me.

As for the debt, the property was in her name and her two sons. She always wanted to add me to the deed, but don't think she ever got around to it. I'm not on speaking terms with her kids, so I don't know when or if it will go to probate. Right now, I'm in limbo. Not paying rent, but I do maintain the property and pay all the utilities. Paypal can put a lien on the property and wait it out, I guess. I have my own Paypal business account, so I'm not tied into her debt. We were domestic partners, but kept our finances separate.

There's one thing about every passing of a person.
The inner child rears their ugly head when it comes to settling of the $$$
Best of luck Tim as waters may get a tad rough in the future.