QUESTION
What does obtained service on the defendant mean?
Asked on Mar 05th, 2013 on Divorce - California
More details to this question:
In my divorce case, I got a letter stating that I cannot schedule a hearing because I have not obtained service on the defendant.
23 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Apparently you have not filed a proof of service of the complaint for divorce on your soon to be ex spouse.As a non-attorney party you cannot serve him or her and you must use a third party to serve it (such as a commercial process server) if your soon to be ex has not acknowledged he or she received service in process.
Answered on Mar 06th, 2013 at 8:56 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A good lawyer would help. Obtaining service means showing that you had the Summons and Complaint officially delivered to the other party. A process server or deputy sheriff can do the service, and whoever does hand him the papers send you an affidavit of service, which you then file with the Court. If you do not obtain service within a set period (I think it is 90 days), the court can dismiss the case and make you start again. So having a lawyer on your side can save you some trouble.
Answered on Mar 06th, 2013 at 8:34 PM
Family Law Attorney serving Rogers, AR
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Wright, Lindsey & Jennings LLP
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In Arkansas, you are required to give legal notice when you are suing an individual. There are several ways to provide legal notice - certified mail, process server or sheriff, publication by warning order. Rule 4 of the Arkansas Rules of Civil Procedure govern the ways in which you serve opposing side. If you have not provided legal notice pursuant to Rule 4, you have not provided effective service to the defendant.
Answered on Mar 06th, 2013 at 8:16 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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That means you did not serve the other side with the paperwork and file the proof of service of summons with the court. You cannot serve himself yourself, you have to have a third party serve them and complete the proof of service.
Answered on Mar 06th, 2013 at 7:51 PM
You need to have someone, other than yourself, and over the age of 18, serve the papers you filed on the other party, personally.
Answered on Mar 05th, 2013 at 3:27 PM
You have to serve the opposing party with any documents that you have filed in your matter. The court will not hear any matters unless you can show that a party has actual notice of the documents that have been filed.
Answered on Mar 05th, 2013 at 3:27 PM
You must have the other party served with the petition and any other documents you filed. They then have 30 days to reply. Only after that can you proceed with a hearing on the dissolution. You can obtain interim orders on child custody and property control issues in the meantime but that is all.
Answered on Mar 05th, 2013 at 3:27 PM
John Arthur Smitten
The process server has to serve the Respondent then file an affidavit of service with the court.
Answered on Mar 05th, 2013 at 3:26 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You need to have your spouse served with a copy of the petition and notice of the temporary hearing. Depending on the area where you live, a law enforcement officer or private process server may be able to do that for you. I suggest you hire a lawyer.
Answered on Mar 05th, 2013 at 3:26 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It means when you file a law suit ( a divorce is a law suit) all the documents you file with the court also have to be formally given to the other side (the defendant or respondent) by someone other than you and an affidavit of service has to be filed with the court to show that that has been done. Until the other party is served, you don't have a valid case.
Answered on Mar 05th, 2013 at 3:26 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You need to hire a Process Server and have her personally served (personally handed) all the legal documents filed in your case. Then the Process Server needs to sign, under penalty of perjury, the Proof of Service of Summons on the Respondent, stating the date, time, and place served.
Answered on Mar 05th, 2013 at 3:25 PM
It means that the other side has not been served with the papers
Answered on Mar 05th, 2013 at 3:24 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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It seems from your post that you have filed a complaint for divorce without using an attorney. When you filed your complaint there was a second page along with the summons form. That is a the return of service form. You are required to give a copy of the summons and complaint to your spouse, fill out the form as to when, where and how your spouse was served, sign the form in front of a notary public or court clerk. This is the proof that you "obtained service" on your spouse so that the case can proceed. Until your spouse is served with the summons and complaint he/she has not been "summoned" into court to respond to your complaint. The defending party in a lawsuit of any kind has to have notice that there is a suit against them, that they are required to answer the allegations in the complaint, that they are required to come into court to defend themselves. Filing the summons and complaint is only step one of your lawsuit. Serving the summons and complaint on the other party is step two. If either step is missed, the lawsuit does not begin. If after service, your spouse fails to respond, then you may enter a default against them and proceed with the case.
Answered on Mar 05th, 2013 at 3:24 PM
Dennis P. Mikko
It means that you have not properly served the Defendant with the summons and complaint for divorce. If you have properly served the Defendant, you have not filed a proper proof of service with the Court. Failure to serve the Defendant within the life of the summons will result in a dismissal of your divorce case.
Answered on Mar 05th, 2013 at 3:23 PM
Carolyn Roschelle Jones
Once you file for a divorce your spouse still has to be personally served either by sheriffs department or a private process server.
Answered on Mar 05th, 2013 at 3:23 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It means you have not had the Summons and related documents personally delivered to you spouse.
Answered on Mar 05th, 2013 at 3:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It means the defendant was not officially served or, if it did happen, you did not provide proof of service to the court. You need an attorney to assist you, its only the rest of your life!
Answered on Mar 05th, 2013 at 3:22 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The person who needed to know about the divorce did not get the summons and complaint.
Answered on Mar 05th, 2013 at 3:22 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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The defendant, or respondent must be served with the divorce papers and petition.
Answered on Mar 05th, 2013 at 3:22 PM
When you file a pleading that requires service on the other party, it must be properly served on the other party in accord with applicable law. Once proper service has been obtained, proof of the service is filed of record in the case. The other partys time to respond begins once proper service has been obtained.
Answered on Mar 05th, 2013 at 3:21 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Your spouse needs to be served with the court papers and whomever effectuates the service must sign a Proof of Service to be filed with the court so that your spouses due process rights will be satisfied.
Answered on Mar 05th, 2013 at 3:13 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Appears that you have not filed a proof of service form with the court - so the court does not know whether or not the defendant has received the paperwork.
Answered on Mar 05th, 2013 at 3:13 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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It means that you have not delivered the court papers to the defendant in the manner that is required by statute or court rules.
Answered on Mar 05th, 2013 at 3:13 PM