Serving

LevinaFia23's picture
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Anyone had a hard time serving the defendant? Bm does not currently have custody of her kids. We have an address but shes been attempted to be served a month now and court date is next month. What happened if this happen to anyone or someone you know? What were next steps? Does it matter if they're served? Thanks

ndc's picture

Process service requirements vary from state to state.  Who do you have trying to serve her?  Is it a sheriff or professional process server, or are you trying to have someone else do it?  Is she dodging service or is the address you have possibly not where she's living?  Usually after multiple unsuccessful accounts you can go back and ask the court to authorize an alternate method of service, but it's really going to depend on where you're located.  And it absolutely matters that she's served.

LevinaFia23's picture

We have a lawyer but they haven't been answering this question so I came here for help. It is a sheriff serving and we are in NC. She's been at this address the past 2 yrs but has lost custody of her kids August. They have different dads and one of them is with dh. We believe she lives there but not 100% sure as we haven't needed to meet with her since last year. 

It seems yea that may come up im wondering when they'll propose this but if she isn't served before then I guess either way court moves on? I may need to just reach out again. It's odd I can't get a direct answer on this when I ask or research. Thanks for your help. wondering if I could call sheriff office on this and they can give an update or something.

Rags's picture

attempting to serve him for a CS review.  He repeatedly refused to pick up service by registered mail at the post office and thought he was successful in avoiding summons/being served.  So, the DA contacted my DW and asked her to provide as much information on the Spermidiot as possible. 

DW went CPA on his ass providing his employer's information, plumbers license information, county wage records for licensed plumbers, past tax returns, etc.....   CS was modified increasing from $133/mo to $735/mo which brought the dipshitiot screaming into court after he received his first $0.00 pay check due to direct payroll withholding being invoked by the DA for the nearly 600% increase in CS.

Refusal of service is legally considered successful service of legal documents. At least it may be depending on your jurisdiction. It can vary State by State.

LevinaFia23's picture

Thanks for sharing this example sounds like a big headache at that time but overall good to know refusal of service doesn't help their case either

Harry's picture

That all you can do.  Have your lawer give the Judge all the information about BM actions.  Maybe notification in newspaper  at last town BM is in.  Towns where BM familys is .  ( is this still done today.) IDK 

hereiam's picture

Pay for a private process server. The sheriff's office does not try very hard. At all.