Mo Brooks gets arrest warrant for man who served lawsuit on his wife

[DonViejo]

Source: Al.com

Updated 6:59 AM; Today 6:36 AM

By Paul Gattis | [e-mail]

U.S. Rep. Mo Brooks said Wednesday his wife has sworn out an arrest warrant for the man who served a lawsuit at their Huntsville home on June 6.

The Brooks have said they would seek the warrant for misdemeanor criminal trespassing after the process server entered the garage as his wife was returning home.

Brooks’ wife, Martha, filed a police report immediately after the incident.

An attorney for Democratic California Congressman Eric Swalwell, who named Brooks as a defendant the lawsuit being served, has said there was nothing illegal or inappropriate about the service. In response, Brooks released the home security video of the process server appearing to enter the garage.

Read more: https://www.al.com/news/2021/06/mo-brooks-gets-arrest-warrant-for-man-who-served-lawsuit-on-his-wife.html

[Tommy Carcetti]

1. I'm hoping that the application gets sent to the circular file.

Where it belongs.

[samnsara]

2. you mean i could have sued the church peeps who entered my garage to tell me about jesus?

[Effete Snob]

8. Suing someone civilly for trespass and criminal trespass are two different things

Brooks is not suing anyone. He is seeking criminal prosecution of the trespasser.

Trespass is simply being on someone else's property without their permission.

It is not ordinarily a criminal offense, in most states, unless some additional conditions are satisfied.

Typically, criminal trespass requires that you actually know the owner doesn't want you there and you enter or remain on the property despite that notice.

That is why, for example, people put up "no trespassing" signs on property where they do not want others to enter. In many states, there is a requirement that criminal trespass require notice, which can be given in the form of signs with a specified maximum spacing between them, for example.

If you are in your garage, and I am walking by and want to talk to you, and if there are no signs or other indications that you do not permit me onto your property, it's fine for me to walk up your driveway and talk to you. If I say "hello" and you say "hello" back, then, sure, I can walk into your garage and talk to you. You didn't provide any reason for me to believe I was not allowed to do it.

But, as soon as you say, "Get out of here" and I do not being to make reasonable progress toward leaving, THEN you have what may be a criminal trespass situation in many states.

This is also why in many states you used to hear things like "breaking and entering" instead of just "entering". If a door is open and you walk through it, then it is a very different situation from opening the door - i.e. "breaking" to make a wider opening - in order to enter.

[The Wizard]

41. I was a process server for 15 years

Only one time was I welcomed by the party being served. The guy grabbed the subpoena out of my hand and said "I can't wait to see that bitch in Court." Apparently she demanded an increase in child support even though the father was the custodial parent. I believe the Judge rejected her demand.

[Effete Snob]

42. Everybody loves process servers

I understand it can be hazardous too.

[FarPoint]

9. I like the concept at least.

[Historic NY]

3. Still doesn't matter the service was legal....

why else would she run after him except to give it back.

[sarcasmo]

39. She also spit on the servers car.

[TheBlackAdder]

4. Attached garages are often NOT considered part of a home, but it's dependent on the jurisdiction.

[Atticus]

5. So, any citizen can "swear out an arrest warrant" in Alabama and get someone arrested?

What could go wrong?

[ancianita]

6. They are both now obstructing justice after first avoiding justice

[Jay25]

33. And seeking the arrest of the person who disrupted that avoidance.

[ancianita]

34. Yep.It's exactly how they abuse the law.They try to normalize criminal use of law.A trumpcult thing.

[Baitball Blogger]

7. My friend was served by a sheriff when she

Last edited Wed Jun 16, 2021, 03:16 PM - Edit history (1)

Was cleaning the house. She had 24 hours to vacate Her home. The hoa took it from under her.

edited to correct acronym

[Throck]

12. Ouch!

I hate HMO's; legalized tyranny.

What's the back story on this?

[Baitball Blogger]

16. They kept targeting her for the lawn and

Eventually they wore her down. She tried to get it up to their satisfaction, but it never seemed to get better. So she decided to move out. She had already purged belongings and was cleaning out the garage when the sheriff showed up. Her story: widowed teacher raising two children on her own. She should have opened those last letters, but she was overwhelmed. Someone picked up about about 100,000 equity for 3000 in hmo penalties

[Throck]

32. I'm reading all the post in this sub-thread.

My blood is boiling.

I'm surprised bullshit HOA rules haven't been challenged by the ACLU or some other consumer's group.

Damn lawn Nazis.

[Baitball Blogger]

36. If they're interested, I would have a case that would interest them.

[obamanut2012]

15. How did an HMO seize her house???

Medical debt collectors usually are not allowed to do something like that, especially in most states, your house cannot be seized for bankruptcy, etc.

[Baitball Blogger]

17. They were the ones that kept hounding her

What happens is the house goes on the block.

[lagomorph777]

21. I suspect this was an HOA, not an HMO.

Homeowners Association
Not Health Mismanagement Organization

[HUAJIAO]

25. Right...

[Baitball Blogger]

37. Yes. LOL! I just spent an hour with my husband, who was explaining Health options that we have

available.

[Lithos]

27. Not sure that was legal

Many states have a homestead exemption from seizures like this.

L-

[Baitball Blogger]

38. HOAs are very powerful in Florida.

When you have a city that is controlled by good ole boys, one of the things they do is take over the HOAs. It's part of a story that I'm writing about.

[dsc]

40. wait, so in FL, you can't take the house of someone in a lawsuit no matter what the subject is

but you can take a house for HOA fines? Amazing

[Baitball Blogger]

43. Yes. That's it.

[Lithos]

45. no wonder Florida Man exists

Something must be in the water...

[George II]

10. Frivolous. I'm sure this will go nowhere.

[Renew Deal]

11. This is a distraction that won't matter.

[Chainfire]

14. Exactly.

[LymphocyteLover]

13. sounds like typical whiny GOP bullshit

so tired of their fucking treasonous evil bullshit

[ScratchCat]

18. A good friend of mine from HS is a process server

He says that attempting to file charges against the server after being served goes nowhere and is a tell tale sign of a complete scumbag.

And this article is so full of legal mis-information its ridiculous. Citizens "swear" out complaints. Police and judges issue arrest warrants if there is probable cause. Brooks isn't "seeking an arrest warrant"; people don't "seek warrants"; police/prosecutors do.

[getagrip_already]

19. Exactly - brooks didn't "Get" an arrest warrant, his wife merely filed a complaint

You can swear out a complaint for anything. It is NOT an arrest warrant. Charges have not been filed.

Nor are they likely to be.

[LiberatedUSA]

22. I don't get why people avoid servers.

Eventually things will just have to proceed anyway and the person will not be there to defend themselves. The litigation is going to go forward eventually. Delaying the inevitable and make sure to lose.

Of course some can choose to avoid all that and go directly to jail for years at a time for actually physically assaulting a server. Even then, they’ll be at that court hearing; just in a jump suit.

[Effete Snob]

26. Yes and no

It's up to the judge whether or not the suit is going to proceed. Service is a requirement, and under federal rules, a case that has not been served within 90 days can be dismissed absent service.

Normally, if there are signs the defendant is aware of what is going on, or some other method of providing notice would be effective, the plaintiff will file a motion to ask the court to allow some alternative form of service - such as service by publication (those 'legal notices' in the newspaper) or even by email.

But things aren't going to move forward unless there is service on the defendant (or the defendant has waived service) or the court has expressly ruled on a motion for alternative service.

Rule 4(m)

https://www.law.cornell.edu/rules/frcp/rule_4

(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

[LiberatedUSA]

28. A person with means...

...could just sail the ocean on their mega yacht. But other than that, seems like a normal person would have to quit work and live in an underground hole to avoid it that long.

[Effete Snob]

31. If you are ever sued, try this

[LetMyPeopleVote]

20. a sitting member of Congress went to extremes to avoid being served with a lawsuit,

Link to tweet

[Fullduplexxx]

23. The case has been turned over to the Madison County district attorney's office. DA Rob Broussard sai

The case has been turned over to the Madison County district attorney’s office. DA Rob Broussard said last week that extradition would not be sought of Seklecki, who is based in Atlanta, given the nature of the charge. The warrant could be served, however, if Seklecki returned to Huntsville.

[tanyev]

30. +1

If Brooks hadn't been actively avoiding being served this incident would have never happened.

[Submariner]

24. She probably wishes she electronically shut the garage door trapping the server inside

so she could have shot him, which is likely the Brook's family preferred order of justice.

[RockRaven]

29. I heard a lawyer break down the AL trespassing statutes, compared to this video...

No reasonable/non-crazy person would think the actions in the video constitute a violation of the law as written, or as applied for that matter.

[DanieRains]

35. I Am Sure Some Goober Sheriff Will Arrest The Server Trying To Make A Name For Himself

In the Q-Land of Psychos.

Maybe they should arrest Mo and see how he feels.

Incitement of violence.

[monkeyman1]

44. ARREST WARRANT FOR HIM - INCITING A INSURRECTION -WORKS FOR ME !!!