I started the process of getting my marriage annulled and needed to serve my wife with a summons who has recently moved out. She was avoiding to tell me where she lived. I found out that my wife was living in a gated community. My friend and I went in through a car access gate that was open and walked in to go to her apartment to serve her. I contacted the manager for help in the service, but the manager claims that I was trespassing and asked me and my friend to leave. The police got involved (the manager and I called them). My friend eventually served her in front of the police officers. I was not present when the service was done.
Is the service valid?
2007-06-03 04:30:45 · 4 answers · asked by goofy_zzz 2 in Politics & Government ➔ Law & Ethics
Yes. Your friend is not a party to the action, and can give service, and the presence or absence of any other person to the service is irrelevant.
2007-06-03 04:35:02 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
Service is valid if the person serving the summons is not party to the action and is 18 years of age or older,and files the requisite proof of service with the court. You do not have to be present during service, and while not prohibited, there is no specific right to be t here. In fact, in most cases it only increases the animosity of the situation- as happened in your case.
2007-06-03 04:51:30 · answer #2 · answered by Anonymous · 0⤊ 1⤋
listening to some people on yahoo can cause you much grief. first of all check with the courthouse in your jurisdiction. the service may be legal depending on the laws in your area. please note that in some areas a process server must be appointed by the court in some form or be sworn by the sheriff. in other areas almost anyone can serve a civil process subpoena. when i was a private investigator in Florida 10+ years ago, we had to fill out a form with the orange county sheriff's office and submit a fee to be sworn in as a civil process server. in some areas it is illegal for anyone who is not registered to serve court papers. in Georgia for example almost anyone can serve and a lot of attorneys use courier services for this service.
2007-06-03 05:04:54 · answer #3 · answered by Anonymous · 1⤊ 0⤋
did you get teh name of the police officers?
2007-06-03 04:33:57 · answer #4 · answered by Turok 1 · 0⤊ 0⤋