QUESTION

Can a marshal serve or leave papers at your house without seeing you?

Asked on Oct 01st, 2013 on Divorce - Rhode Island
More details to this question:
Do I need to be present when the marshall serves me with papers? Can he leave them at my house without me being present?
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It depends. If it is an eviction notice, yes. If it is for a summons for another type of complaint, probably not.
Answered on Oct 02nd, 2013 at 11:13 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, you cannot be served at your home with court documents or other documents related to illegal action by having the Marshall, or the process server simply leave them at your door without the process server at least trying to hand you the documents personally. If a process server came to your door, knocked, and you answered, if then the process server tried to hand you the documents you refused to take them, then the process server may simply drop them at your feet and walk away. You cannot avoid service of process by refusing to accept the documents when they are offered to you personally. If you are not served personally, but there is a claim in your legal action that you were in fact served, you would need to notify the court by filing an objection to the claim that you are properly served.
Answered on Oct 02nd, 2013 at 9:25 AM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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The papers have to be handed to you. But if the party suing you claims you were served, the burden will be on you to file a motion with the court to nullify the claim you were served. If you don't promptly file such a motion, the case will go on without you. Bottom line: Is it cost effective to challenge the way you were served?
Answered on Oct 02nd, 2013 at 8:58 AM

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