If the recipent doesn't live at the address where the papers are being delivered is it legal for the document to be delivered there if that person isn't physically there at the time to sign for the document? But a family member is?
2006-12-24 07:04:55 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The answer to this question is - both no and it depends on the legal documents in question!
If for example the legal documents are being sent in relation to a pre-existing agreement (or contract), that agreement may prescribe several manners in which any notice in relation to same may be sent - i.e. fax, e-mail etc... So physical service may not be required. Alternatively, if the agreement stipulates that physical service of documents is required, then you would have to service the documents in that manner .
Separately, legal documents issued by the court or in respect of legal proceedings can require personal service on a person (wherever he is). These documents can be send to the person's home address or, where same is not known, it is possible to serve them on persons who would reasonably be expected to bring the notice of service to his/her attention i.e. husband, wife, parent, etc...
Separately, if there is no person available to sign for the above mentioned documents (of if persons at the address refuse to do so), it will be possible (having failed to personally serve the documents) to send the documents by ordinary un-registered post to the recipients last known address. This is generally sufficient to satisfy the obligation to effect personal service of a legal document.
Martin O'Donoghue, lawyer, Global-Wills.com
2006-12-24 07:48:29 · answer #1 · answered by Martin 2 · 0⤊ 0⤋
In order for service of process to be valid, (in California) the papers need to be served (delivered) by someone who is over 18 years old and not a party to the legal proceeding. A family member could do it as long as they are not a party. It is possible to do "substituted service" on someone other than the party, say at their office, but someone over 18 has to agree to accept on their behalf. If they refuse, service should not be valid. If you don't want to be served, don't have anyone accept service on your behalf. Simply mailing or Federal Expressing a document does not usually constitute service either. However, there are some circumstances where you can attempt to serve someone by mail who is out of state, if they do not sign an "acknowledgement" within a certain number of days, the document will be considered served within, I think, 30 days. This form of service usually does not work within the state--unless you sign the acknowledgement. To answer your specific question, delivery of a legal document to a place that is not longer your address is very unlikely to constitute valid service. Of course, if you still have concerns consult a lawyer in your state.
2006-12-24 15:33:43 · answer #2 · answered by Mojowkn 1 · 0⤊ 0⤋
It really depends on the legal summons or papers. Domestic violence restraining orders require the person be served personally, others can be substitution of service, others can be by publication. The law is clear about what is allowed and for the others to answer without knowing what papers are to be served are playing armchair lawyers. Review local codes to see what is acceptable proof of service based on the type of service. Don't rely on the nonsensical answers posted in that they are not based on law, rather on supposition and personal experience probably from being served themselves.
2006-12-24 16:43:34 · answer #3 · answered by Gregory B 1 · 0⤊ 0⤋
the person answering the door must state that the person no longer lives there. if possible provide contact location for the person they are looking for. the person can then be re-served at a place of employment. but keep in mind, if that is the last known address.....whatever order is issued can be set as requested because that person did not appear on his or her own behalf.
2006-12-24 15:09:47 · answer #4 · answered by Bella 5 · 0⤊ 0⤋
yes it is true if the family member is at least 16 yrs of age. an it also depends on what type of dockment it is. it can also be true with mail sent by certified mail. this law is for the state of tenn. other state laws may be different. hope this is some help. god bless merry christmas
2006-12-24 15:20:00 · answer #5 · answered by preacher7003 3 · 0⤊ 0⤋
I believe they can be hand delivered in person.
Some by law enforcement and others like process servers.
But friends or family often do it to keep costs down.
2006-12-24 15:11:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋