A Person that was watching my dogs at my house was served papers that were meant for my husband, while we weren't home. This person never gave the papers to my husband & now our assets are frozen! Doesn't he have the right to be served personally? What if this person was just someone working on my home?
2007-01-31 05:39:43 · 13 answers · asked by creativeflarephotography 1 in Politics & Government ➔ Law & Ethics
If the person signed for them, or even just accepted them, that person was acting as your husband's de facto agent.
If it was at the paper-serving stage, it sounds like this is something you should have seen coming anyway.
You'd have a hard time talking your way out of that one.
2007-01-31 05:45:12 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Section 415.20 (b) of the California Civil Code Of Procedure States:
If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.
While it is clear that the dog sitter was not a member of your household, it can still be argued that the dog sitter was a "person apparently in charge." The courts are very lenient in interpretting this phrase.
The only questions that remain are whether the dog sitter was informed of the contents of the documents, and whether the server subsequently mailed you the summons within ten days.
You should seek the counsel of an attorney.
2007-01-31 05:53:47 · answer #2 · answered by Jack Chedeville 6 · 0⤊ 0⤋
Depending on the papers, they can probably be served if someone lawfully on the property accepts them. There is a reasonable expectation that they will be given to the person being served.
This would not apply if the person had not been at your residence - you cannot be served by giving the papers to your mother at her house for example.
2007-01-31 05:52:35 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I believe it is the law that he is served personally. Maybe you could sue the people that froze your assets. Some people with a little authority think they can rule everybody and get away with it.
2007-01-31 05:53:26 · answer #4 · answered by Lou 6 · 0⤊ 0⤋
it depends what state you live in. Call the 411 and tell the operator thatyou need to speak with a free legal orgazation in your area. The paralegal/lawyer/or legal stsudent would be able to answer that question.
2007-01-31 05:49:32 · answer #5 · answered by princesscutesmile 5 · 0⤊ 1⤋
I beleive in most cases, papers like that have to be signed for, by the person who is suppose to recieve them. They should never have been given to the other person. I would talk to an attorney to find out what can be done.
2007-01-31 05:44:21 · answer #6 · answered by yetti 5 · 2⤊ 2⤋
Ya be conscious of, issues like this do not continually have sparkling solutions. possibly what delivered you 2 together substitute into the friendship between you....yet, the romance & seriousness of marriage ruined the friendship. He nonetheless holds directly to something beneficial between you, yet feels that the marriage substitute right into a mistake that ruined a super friendship. it incredibly is not unparalleled to be acquaintances with an ex. it incredibly is merely confusing to get previous the emotional turmoil and enable it pass. maximum folk harbor some variety undesirable emotions like anger, resentment, hatred, distrust, and so on in direction of their ex's. it incredibly is comprehensible. You and your ex curiously have a protracted historic previous together, the two as acquaintances, and as companions in a relationship. in case you are able to recover from the emotional harm, possibly you are going to be acquaintances. If not, tell him you may incredibly not even talk. it incredibly is incredibly as much as you. He nonetheless values something between you. possibly he's worried approximately how all it fairly is affecting you. possibly he can't stay with you, or without you. possibly he desires time to enable pass gently. isn't undemanding to assert. i've got faith his abusiveness substitute into his very own turmoil and frustration being projected onto you. someplace alongside the way he felt this substitute right into a mistake. Did he omit his 'pal'? Did you alter dramatically while it grew to alter right into a romance & a marriage? Did he? i think of it incredibly is particular on the two money owed. You never be conscious of, possibly you would be super lifelong acquaintances in spite of the failed marriage. i be conscious of 3 human beings like that. while they have been given over all of it, they have been able to even have closure on the faults & subjects with the marriage and be even better acquaintances than ever. do exactly not fall into the catch of drowsing together back, it incredibly complicates issues. So, the alternative is incredibly as much as you, and no count in case you may cope with it. undergo in strategies, you may detach your self emotionally, and so will he, so as to try this. while the recent bf/gf comes alongside, there isn't room for jealousy and video games. There are limitations to abide by. It takes a reliable strategies and truthful heart to nonetheless be acquaintances while it incredibly is all suggested and finished. to not point out a point of adulthood to forgive and enable stay. it is likewise comprehensible the form you sense, and it will take time to recover from all of it. sturdy success.
2016-10-16 09:05:26 · answer #7 · answered by carris 4 · 0⤊ 0⤋
You have to PROVE you or your husband were not the ones he gave it too. Bottom line they will believe an officer of the court over your word.
2007-01-31 05:46:54 · answer #8 · answered by tammer 5 · 1⤊ 1⤋
The process served definitely screwed up. My suggestion is you go get a lawyer and fight. You have a very good chance of winning.
2007-01-31 05:44:54 · answer #9 · answered by Team Chief 5 · 1⤊ 2⤋
I would say whoever served the papers fouled up by not making sure it was your husband he was serving.
2007-01-31 05:43:33 · answer #10 · answered by Smitty 5 · 2⤊ 2⤋