If you try and serve a notice to appear in court and the person denies the notice at the door...?

Question

Here is the story... a friend of mine had a paternity test done and it was determined that the father was the father of said child. She proceeded to go to court to try and collect child support for their child, who is 8 years old, but every time they try and serve the father with papers he keeps saying it isn't him at the door. They (whoever is serving the court notice) wrote the description down of the person answering the door, and it is him, but this is the third time he has denied it is him and so her case cannot proceed and she can't collect support for her child. What is her next recourse in this situation? If he was already established as the father of this child why can't she collect child support? He does work, etc.

And he was asked to show ID at the door which he refused to do.

Answer 1

If he is the person that was the attempt to be served, an entry of default will be entered. If he is not co-operating with the courts to determine the amount of child support they can find him in contempt, and have a warrant issued for him to ensure his appearance in court. They will find the sum of money owed through w-2's and pay stubs from his employer and have the monies deducted directly from his check. If he doesn't comply, he can do jail time, have his license suspended and have his taxes taken with a tax offset that the court can order. And while he is procrastinating about the child support--it is all going to arrearages that he will have to pay anyway. Look at the web-sites below, and make sure that your friend gets familiar with it also.

Answer 2

Have a PI follow him, and get photos of. And, then can compare and validate it is him. Then get an attorney or someone at court to request a DMV license photo with his name/ photo. then, file with court he has falsified information to refuse being served a court order to appear,declaring he isn't him. Won't look to good for him.. If he touched anything at the door , I'd tell the person to have fingerprints run on him. Is there anyone you know that KNOWS him, that can serve him?..
He knows what is coming, and thinks is above the law and God to make himself responsible.
Good thing you didn't marry the guy.. He wouldn't have been a decent father.. Too bad too, the childs future is the concern here. It takes money to raise them, feed and cloth them, but it doesn't seem to matter what his child does have ? ..If one doesn't want to pay,then don't play..
He can run, and deny, but he can't hide forever..
good luck..

Answer 3

Regardless if he didn't except the summons, he was still served. If the papers as so much touched his hands in any way, he was served...Tell your friend to go back to the courts and explain to them that he took the papers, but once he knew what they were he refused them...If the person serving him can sign an affidavit of service, then the courts have know other choice but to move forward with getting a court date set.

Answer 4

She can give a picture of him to the sherriff's office, who will attach the picture to the papers (instead of a description), once the server ID's him. He will be considered serve. But since he is determined to be the father already, she can go to court without him. They've tried to serve him 3 times so they can proceed with a default proceeding.

Answer 5

I've been in the 'serving' position before and as long as you know the person you are giving it to is the right person, then you can just hand it to them and walk away. You need to get them somewhere where there is no door between them and the server...like while he's going to his car. If you are going to serve in person, its always best to use a regular person...cops are a dead giveaway. If the personal service just doesnt work, you can always serve via mail with a "signature required" slip attached. If the postman doesnt get him at the door, then he has to come into the post office and show ID..then bam...you got him served.

Answer 6

bluelittt is an idiot.

You MUST serve the individual named in the document. If you don't, he can rightly argue that he never recieved the papers. And if he didn't receive proper notification NOTHING can proceed.

"You have been served." ONLY works with the person the papers are meant for. Period.

You can't serve him in that you can't be the one to hand him the papers. But you can get a friend of yours to do it and go with them. Or you may be able to accompany the official process server and identify him

Or you can call the police, have the papers in hand, explain the situation, and they may be able to serve him for you. When a cop asks for your ID you MUST provide it or you can be arrested, so his usual tactic won't work.

Answer 7

In the US most court notices or summons can be served on the interested party through 'substitute service' which is the service of the notice or summons to anyone in the residence who is at least 13 years of age. Whoever the server is has to investigate. in full, the procedure for serving notice on an individual. Check your local courthouse for the specific outlines on how to serve notice on this deadbeat!

Answer 8

It depends on the place you are in, but usually, if all else fails, the court can make an order for substituted service, as by posting it to him at work or giving it to his parents, if you are able to testify that he sees them regularly. The process server should take a photograph of him. If it is not illegal where you are, why not get the girlfriend to attend with the service with the process server. Then they both can testify.

Answer 9

You need to get back with the court and have the papers served by someone who is competent to do their job. Thats what you pay to have someone served for and your not getting your moneys worth.

Answer 10

Are you sure she's not lying. He can be arrested for this. In most cases he can be in trouble for attempt of court. You need to have her call the states attorneys office and find out. This sounds to 'crazy' to be true.