Question about serving papers?

[Otto Mann]

What does the court do about people that "IGNORE" court papers? I sent a copy of the papers to the ex about child support hearing by certified mail. I SHOULD have received the return receipt by now. I have a feeling I won't ever see it because she KNOWS what it is and won't sign for it. The hearing is in 2 weeks. Should I notify the court and see if they can send a sheriff to her door?

[mistoffolees]

>What does the court do about people that "IGNORE" court
>papers? I sent a copy of the papers to the ex about child
>support hearing by certified mail. I SHOULD have received the
>return receipt by now. I have a feeling I won't ever see it
>because she KNOWS what it is and won't sign for it. The
>hearing is in 2 weeks. Should I notify the court and see if
>they can send a sheriff to her door?

I would have done it that way in the first place.

Ask your court clerk what they recommend - it shouldn't cost you anything. They can tell you if it's too late to send a sheriff or not.

[Otto Mann]

Yeah, I should know better by now. I will call the court on Monday and see what they say. They do charge a fee for sending a sheriff but I believe it's minimal....like $15. So what if I were to show up in court in 2 weeks and she didn't show up. I suppose they wouldn't do anything because I would be unable to prove she was served??

[mistoffolees]

>Yeah, I should know better by now. I will call the court on
>Monday and see what they say. They do charge a fee for sending
>a sheriff but I believe it's minimal....like $15. So what if I
>were to show up in court in 2 weeks and she didn't show up. I
>suppose they wouldn't do anything because I would be unable to
>prove she was served??

I would imagine that would be the case. There's probably also a time limit - she needs to be served > x days before the hearing. I don't know what that is in your case.

[ocean]

DId you sent it certified? Look up the number on-line and see where it is. You should get that back from the PO no matter what. It would say "did not pick up" or "refused".

Are you sure you need a signature? Here for child support I did not have to serve him with a signature just regular mail. (visitation is different).
Good luck!

[Otto Mann]

>DId you sent it certified? Look up the number on-line and see
>where it is. You should get that back from the PO no matter
>what. It would say "did not pick up" or "refused".
>
>Are you sure you need a signature? Here for child support I
>did not have to serve him with a signature just regular mail.
>(visitation is different).
>Good luck!

I did send it certified. I went to the courthouse and picked up an "example" of a motion that they have for people "pro se". At the bottom of this example  there is a section titled, "Certificate of Mailing" which states, "I hereby certify that a true and accurate copy of the foregoing was mailed, postage prepaid, on this ___ day of _______, 2007, to _______________, at ______________.


I believe I have met my obligation but I have a feeling the court would say no. I will call them on Monday and ask THEM if what I did was sufficient and see what they say.

[ocean]

You did it right. Just bring the receipt from the post office. On the receipt it will have a number... Enter the number at usps.com and it will tell you if it was delivered. You can print that page. The receipt takes time to get back to you from the PO. Next time send it "green" certified...no signature...This shows it was delivered right to the mailbox. The mailman scans it when he delivers it.

[Otto Mann]

>You did it right. Just bring the receipt from the post
>office. On the receipt it will have a number... Enter the
>number at usps.com and it will tell you if it was delivered.
>You can print that page. The receipt takes time to get back to
>you from the PO. Next time send it "green" certified...no
>signature...This shows it was delivered right to the mailbox.
>The mailman scans it when he delivers it.<

I need to find out how much notice is required  Hearing is on the 15th. If only say 1 week is required I will go ahead and send another that way......with the green delivery confirmation (no signature required). I received the signed receipt back from the court this past Tuesday. I mailed the motion to the court and to the ex at the same time. I suppose she thinks if she ignores it I will forget about it and just keep paying for our emancipated child.....I thought we were past these childish games..........

[Otto Mann]

Saw my kids today and one of them mentioned that mom was talking about the notice she received letting her know there was a certified letter at the post office from me. She said she WAS NOT going to go pick it up. Pretty much confirmed what I already knew........I doubt seriously that I would ever do this but how about I knock on her door and hand the papers to her myself ?

[notnew]

In most cases, a party to the case cannot serve the opposing side. You can get anyone who is over the age of 18 and not a party to the case to hand her the papers. Get a family friend who she doesn't know preferrably. Then, that person has to complete an affidavit of service and send to the court. This will satisfy that she was properly served.

Good luck.