Can I have someone serve my ex, instead of his lawyer?

Question

This is for family court.

Steven D. Dunnings · Answer

Is the lawyer still representing her?

Gregory Crain · Answer

Yes.

Suzanne H. Lombardi · Answer

The question would be why do you want to serve your ex instead of his attorney.  In most cases it is easier to serve the attorney and less costly.  If the attorney will not accept service then you can hire a process server to serve your ex-husband.  If he is already your ex then there is a possibility that his attorney is not still involved in the case and you will have to serve him with anything that you file with the court.

Dennis P. Mikko · Answer

In Michigan, any competent adult can serve process.  You can serve your husband and do not have to serve his attorney.

Maryanne Spryszak-Hanna · Answer

Why? Service is service. It's not about embarassing the other party. If his lawyer is willing to accept service, just serve him/her. He/she cannot legally avoid service if he she says that he she is. On the other hand, you ex can make a process server chase him, running up process bills. It's faster and cheaper to let that lawyer accept service. BUT be certain that he/she is willing to accept servicve before sending some one out there.

Susan Correia-Champa · Answer

If it is a complaint or a subpeona you need to serve your Husband directly.  However, if it is a motion or some other type of pleading then you need to serve his counsel.

Harry Roth · Answer

If a case has already been started by your spouse and you have been served, your response should be served on the lawyer.  If you are going to initiate the process, serve you husband.

Steven Alpers · Answer

I don't know why you would.  If he has a lawyer, it is usually much easier to serve the lawyer.  If the lawyer is not representing him on the divorce or custody case you may have to serve your ex.

Helene Ellenbogen · Answer

Whom you serve, depends on the circumstances. If his lawyer has appeared and in the notice of appearance has stated that he can accept service, the lawyer is served. If not, the party is served. The other party in a family case cannot perfect service. It must be done by a third party.

Clayton Lockhart · Answer

If your ex already has an attorney of record in a current proceeding, then generally all pleadings have to be delivered to the attorney and not to your ex personally.

John Brennan · Answer

If he has an attorney engaged and representing him, service on the attorney is all that is necessary.

John Kirchner · Answer

It isn't clear what you want served or why.  You refer to your "ex" but don't indicate if the case involves a divorce or something else. If it is the initial Summons to start the case, that must be served personally on the Respondent and he would have to authorize his lawyer to accept service for him.  So, nothing prevents serving him directly. If it involves serving paperwork after the case is in progress, generally service (mail or delivery) should be on his attorney, but there is nothing to prohibit sending it directly to him.   The problem with leaving his attorney out of the loop is that you don't have much complaint against the attorney if he fails to do something because your ex- didn't tell about it.

Barbara A. Fontaine · Answer

In Rhode Island, constables and sheriffs serve the papers.  I imagine that in your state, there are similar process servers.  Call Family Court and ask.

Glenn Tanner · Answer

Serve his lawyer, if he has one unless what you are doing requires personal service on your ex.

Joanna Mitchell · Answer

You need to consult with and retain an attorney, especially if he has one. You can only serve his attorney if the attorney will accept service, and that is a specific process. Otherwise, you need a private process server or a sheriff to serve him properly.

William Spern · Answer

Serve what? A complaint must be served on the party. After an attorney has appeared, the attorney is served thereafter.

Michael Yeksavich · Answer

I do not know why you would want to go to the extra expense if serving his  lawyer is sufficient service.  Ask your attorney.

Robert De Groot · Answer

Lawyers do not serve their own clients, but a client can waive service of process which is usually done by the sheriff or a private process server. Your lawyer can get the ex's lawyer accept the pleading, but if it is a motion for contempt, the ex should be served by the sheriff.

Leonard A. Kaanta · Answer

Your attorney should have the papers served either by certified mail, by the sheriff or by a process server.

Louis Leibowitz · Answer

Original process, like a Complaint, generally MUST be served on the party himself, not on his lawyer. Subsequent filings should be served on the lawyer. If you want to serve your ex to harass him, you won't be scoring any points with the judge.

Kathryn Hudson · Answer

Service of a law suit in Arkansas has to be done by a licensed process server or the Sheriff's Office. If the case is already open and your ex has a lawyer his lawyer is his agent and any documents that require service on him must be done through his lawyer. If the case is already open, you may serve his lawyer by regular mail but I suggest you do so by certified mail to prevent the other side from claiming they did not receive it.

Joan Durkin · Answer

If you are serving a contempt citation (where you are asking that he be put in jail) it has to be served on him.   Otherwise, if the case is pending and he is already represented by counsel, then what you are serving is served on the attorney.  An attorney cannot bypass the lawyer of record to send communication directly to the party.  There is no limit on a nonlawyer.

Dean Esposito · Answer

For service, you can pay to have the Civil Sheriff serve him if you have a valid  address for him. You could save money and have him execute a waiver of formal  service and give him or his attorney a certified copy of your petition.

Mandy McKellar · Answer

Depends on what your serving. But most likely no if he has a lawyer retained its better to serve them.

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