QUESTION
What do I do next if process server is unable to serve my husband?
Asked on Sep 28th, 2013 on Divorce - California
More details to this question:
I filed for divorce in July 2012. A few days ago, I received a letter from the process server stating that they were unable to serve him although his vehicles were there numerous times. They left cards on the door & with his roommates, and sent 3 different servers there with no luck. What do I do next?
9 ANSWERS
William M Stoddard
You document your attempts and ask the court to allow you to service by mail or publication. Check the rules.
Answered on Oct 07th, 2013 at 5:24 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Ask the court to be allowed to serve him by publication.
Answered on Oct 01st, 2013 at 10:43 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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'Sounds to me like you either need to get more aggressive and creative process servers or ask the court for permission to serve your husband by alternative means, such as by certified letter or publication in the newspaper (does anyone read newspapers anymore?).
Answered on Oct 01st, 2013 at 10:39 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In most jurisdictions you should now be able to obtain an order from the Judge allowing you to serve your husband by publication in a legal newspaper.
Answered on Oct 01st, 2013 at 8:38 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Do you have an attorney? Ask him. Someone must file a motion for alternate service get an affidavit from your process server that indicates when and how they tried to serve him and file the motion.
Answered on Oct 01st, 2013 at 4:46 AM
You need to consult a family law attorney about personal service alternatives.
Answered on Sep 30th, 2013 at 8:10 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You need to get something from the Court called an "Order for Alternate Service," which allows you to serve your ex via alternate means, such as posting the Complaint for Divorce on the door of his last-known address. In order to get the Order for Alternate Service, you will need to provide the Judge with a verified list of every date and time your process server tried to serve your ex, along with written verification from the Post Office of your ex's last listed address with them, and written verification from the Secretary of State as to your ex's listed address with them as well.
Answered on Sep 30th, 2013 at 4:29 PM
Travis Christiansen
You have to get permission from the court to serve by alternative means. It takes a motion. Hire an attorney.
Answered on Sep 30th, 2013 at 4:25 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you have a declaration of due diligence from the process server, you can obtain permission from the court to serve by mail. If you are in my area, I can assist you with getting him served and finalizing your case.
Answered on Sep 30th, 2013 at 4:24 PM