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Personal service

Started by DecentDad, Apr 06, 2005, 08:13:50 AM

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DecentDad

Soc,

OK, I'm all set to effect personal service on the (new) contempt hearing date.  I've looked in CCP and found the outline for personal service on an attorney, but not an individual.

My neighbor has agreed to walk up to biomom and serve her this evening when biomom comes to pick up daughter from my residence.  He's seen her around for 2 years so can easily identify her.

Biomom always stands on the sidewalk 30 feet from my front door (i.e., per orders) several minutes before pick up time.  Daughter won't see the service, as she'll still be inside with me.

I told my neighbor to just walk down the sidewalk, say something nonchalantly like, "I've seen you around, you're A's mom, aren't you?" and then hand her the papers.

1.  What constitutes service if biomom refuses to take the papers?  Can neighbor drop them at her feet?

2.  I can easily set up a camcorder in an inconspicuous window to videotape (no audio) the attempt to serve.  The sidewalk is a public place, so no worries on secret videotape.  Worthwhile to do?

I've got to serve by tomorrow for the 21 day mark, hence my desire to know what I need to accomplish.

Thanks,
DD

socrateaser

>1.  What constitutes service if biomom refuses to take the
>papers?  Can neighbor drop them at her feet?

If the neighbor knows your ex on sight of his/her own personal knowledge, then all he/she must do is walk up and say, "Jane Doe, this is for you." (assums ex's name is Jane Doe). If the recipient of service is not known on sight to the neighbor, than the neighbor needs to ask if she is Jane Doe. Then, if he gets an affirmative response, he can hand the papers to her, and if she refuses them, then he can drop them in front of her.

>
>2.  I can easily set up a camcorder in an inconspicuous window
>to videotape (no audio) the attempt to serve.  The sidewalk is
>a public place, so no worries on secret videotape.  Worthwhile
>to do?

Probably not, unless you believe that your ex will take great pains to avoid service, like by running away. Then, getting her on tape would be a demonstration of her contempt for the entire legal system. Judge wouldn't like that at all.